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."
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
www.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.