Kohberger's attorneys said they are sure exculpatory evidence exists, and should have been presented to the grand jury.
www.newsweek.com
6/16/23
"A grand jury was empaneled at a time when the small community of Moscow, Idaho had been exposed to 6 months of intense local, national, and international media coverage," documents submitted by Kohberger's defense read.
"Because the state has provided extensive discovery, Mr. Kohberger knows that exculpatory evidence exists. Whether a fair and impartial panel of grand jurors was assembled amidst intense media coverage is a significant question the Defense must evaluate."
Essentially, Kohberger's lawyers are asking to review all documents which the grand jury had access to and potentially toss out their indictment, and to have more time to prepare their defense, especially as the charges against the 28-year-old could carry the death penalty.
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"When you have a grand jury, in most jurisdictions [...]
you have to give the defense the opportunity to present exculpatory evidence, if you will, once you know the grand jury is happening," he said.
"The challenge to exculpatory evidence, what I think the argument—they're laying the groundwork to the argument—is that 'Hey, we know there's exculpatory evidence, we didn't get a chance to present that, that is our right, even though it's a secret proceeding."
Geragos added that Kohberger's lawyer Anne Taylor is "laying the groundwork for a motion to dismiss, and what she's asking for, 'Pause this thing, we want to time out basically, so we can assemble the information that we would have presented to the grand jury."