So if the judge doesn't dismiss the indictment altogether, then the defense wants everything to go back to square one and hold a preliminary hearing.
Okay, so...what the heck?
They actually want a public hearing, in which autopsies will likely be discussed and pictures shown?
The public is not going to pick up on "Kohberger was just out driving around, he didn't do it" in the midst of all the sensational evidence that will almost certainly hit MSM as salacious evidence that BK is guilty. It's true that the Defense benefits by getting the State's strategy in advance of trial (and then making a zillion more motions and trying to exclude even more evidence).
IOW, a massive ploy to make the trial as far in the future as possible. The only reason I can think of for the Defense to want that is...they think him staying in Latah County Jail indefinitely is better than being on Death Row. From the point of view of an ethical defense attorney, that is of course a better outcome.
Speculative hopes and predictions ahead:
I'd love for the PH to start with a witness from WSU who had interacted with BK and noticed his Vans.
Then the FBI footprint expert, who in addition to confirming the brand, also says the foot shape and size (and toe sizes) are consistent with Kohberger. They must surely have GPS and better cell data by now, as well. And that second trip to 1122 King later that morning! THEN walk the Judge through what LE found when they entered the house, with all its horror. That same foot stepping in the blood.
Even without a witness to the brand of the shoe, the amount of info about foot, arch, heel and toe shape should be considerable. Of course, the State probably has a much better place to start, I'm just hoping for some great footprint analysis.
The fact that a white Elantra circles the house several times and disappears into a dark and camera-less area right next to 1122 and then later shows up again in broad daylight (carrying Kohberger's phone in it for these journeys). Yikes. I can just see the headlines.
And that's what the Defense wants??
YIKES again. IMO.