I so agree. All of these things you have listed are the never ending years of heartache that a death penalty case can entail after conviction and sentencing.
I hope and believe we will be pleasantly surprised by Judge Hipplers ruling on a continuance, especially granting one of any magnitude.
I assume that prosecutors will present a theory of the murders, based on known evidence, in opening statements. I was responding to a comment upthread suggesting that, although people may not agree that the sequence of events was one target and three witnesses, they would not object to the prosecution advancing that theory if it resulted in a conviction.
I too believe that he accidentally dropped the sheath and didn't notice, same as Matthew Mueller left his cell phone behind at the scene of an abduction. It would be shear stupidity to leave your DNA as a "calling card".
I don’t think prosecutors know what is “true” in many cases because there is no way to know unless the criminal confesses. But they have to present the “what happened” that fits what we know.
Thanks for this MG. I remember watching this interview. Matt Murphy imo is absolutely one of the GOAT Attorney/Prosecutor I’ve ever seen/listened to/watched. I followed a few homicide cases he prosecuted to include the Dirty John case. To watch and listen to him in court, he’s so skilled and intelligent, a master class trial attorney.Reposting this from a few months ago because it's relevant to what's going on right now:
Former Orange County prosecutor Matt Murphy, who prosecuted the Golden State Killer and Dirty John:
The defense has an obligation to make every argument they can in order to preserve these issues on appeal.
Because it's a death penalty case, it gets a very high level of scrutiny by appellate courts, so the defense has to make every pretrial challenge they can.
"I think the jury is going to be pretty persuaded by these facts...really up against it."
DNA evidence here is critical. It's huge. This evidence in his view is very, very strong.
Autism diagnosis really goes to mitigation. More geared towards the penalty phase. "Good luck with that guys."
WATCH: ABC legal analyst Matt Murphy discusses the latest Kohberger developments with KXLY
4 News Now's Kirstin O'Connor and ABC News legal analyst Matt Murphy talk jury selection, genetic genealogy, and the odds of striking the death penalty in the case against Universitywww.kxly.com
Average juror is way more concerned about other things than following the particular case they have been selected for. It's shocking how little they tend to know about it beforehand, and he doesn't think it will be an issue at all in Boise.
Death penalty cases they automatically go to state Supreme Court on appeal, so the judge wants to be very, very, careful here. He's trying to minimize any potential appellate issues down the road.
He suspects the jury makeup will be beneficial for the prosecution. It will be a departure from the radical ideology that he's used to in Southern California.
He says he would be surprised if trial started on time. He says it's moving at light speed compared to what would happen in California.
Defense holds an ace in their hand. Because it's a death case, it means that if the defense requests additional time they're almost guaranteed to get it. No judge in a case this serious is going to want to force a defense lawyer into trial until they're ready, as this opens the door to an appeal based on ineffective assistance of counsel. So they can unilaterally continue this if they want to.
August. Maybe?
Thinks they've had enough time but who knows.
I love Matt Murphy and value his opinions!Reposting this from a few months ago because it's relevant to what's going on right now:
Former Orange County prosecutor Matt Murphy, who prosecuted the Golden State Killer and Dirty John:
The defense has an obligation to make every argument they can in order to preserve these issues on appeal.
Because it's a death penalty case, it gets a very high level of scrutiny by appellate courts, so the defense has to make every pretrial challenge they can.
"I think the jury is going to be pretty persuaded by these facts...really up against it."
DNA evidence here is critical. It's huge. This evidence in his view is very, very strong.
Autism diagnosis really goes to mitigation. More geared towards the penalty phase. "Good luck with that guys."
WATCH: ABC legal analyst Matt Murphy discusses the latest Kohberger developments with KXLY
4 News Now's Kirstin O'Connor and ABC News legal analyst Matt Murphy talk jury selection, genetic genealogy, and the odds of striking the death penalty in the case against University
Average juror is way more concerned about other things than following the particular case they have been selected for. It's shocking how little they tend to know about it beforehand, and he doesn't think it will be an issue at all in Boise.
Death penalty cases they automatically go to state Supreme Court on appeal, so the judge wants to be very, very, careful here. He's trying to minimize any potential appellate issues down the road.
He suspects the jury makeup will be beneficial for the prosecution. It will be a departure from the radical ideology that he's used to in Southern California.
He says he would be surprised if trial started on time. He says it's moving at light speed compared to what would happen in California.
Defense holds an ace in their hand. Because it's a death case, it means that if the defense requests additional time they're almost guaranteed to get it. No judge in a case this serious is going to want to force a defense lawyer into trial until they're ready, as this opens the door to an appeal based on ineffective assistance of counsel. So they can unilaterally continue this if they want to.
August. Maybe?
Thinks they've had enough time but who knows.
I have a different impression of the legal system and prosecutors. I think prosecutors spend a lot of time getting into the head of a murderer in order to understand what happened and why. Prosecutors are not like us - where we grab what we can from the news and try to piece it together. They have the evidence in their hands - sufficient evidence to bring charges that they can prove.
He can shut his stupid mouth here!
NOOOO!!!!
Me too. I don't think he'll grant one. Jmo
Reposting this from a few months ago because it's relevant to what's going on right now:
Former Orange County prosecutor Matt Murphy, who prosecuted the Golden State Killer and Dirty John:
The defense has an obligation to make every argument they can in order to preserve these issues on appeal.
Because it's a death penalty case, it gets a very high level of scrutiny by appellate courts, so the defense has to make every pretrial challenge they can.
"I think the jury is going to be pretty persuaded by these facts...really up against it."
DNA evidence here is critical. It's huge. This evidence in his view is very, very strong.
Autism diagnosis really goes to mitigation. More geared towards the penalty phase. "Good luck with that guys."
WATCH: ABC legal analyst Matt Murphy discusses the latest Kohberger developments with KXLY
4 News Now's Kirstin O'Connor and ABC News legal analyst Matt Murphy talk jury selection, genetic genealogy, and the odds of striking the death penalty in the case against University
Average juror is way more concerned about other things than following the particular case they have been selected for. It's shocking how little they tend to know about it beforehand, and he doesn't think it will be an issue at all in Boise.
Death penalty cases they automatically go to state Supreme Court on appeal, so the judge wants to be very, very, careful here. He's trying to minimize any potential appellate issues down the road.
He suspects the jury makeup will be beneficial for the prosecution. It will be a departure from the radical ideology that he's used to in Southern California.
He says he would be surprised if trial started on time. He says it's moving at light speed compared to what would happen in California.
Defense holds an ace in their hand. Because it's a death case, it means that if the defense requests additional time they're almost guaranteed to get it. No judge in a case this serious is going to want to force a defense lawyer into trial until they're ready, as this opens the door to an appeal based on ineffective assistance of counsel. So they can unilaterally continue this if they want to.
August. Maybe?
Thinks they've had enough time but who knows.
