#BryanKohberger Hearing: Kohberger is requesting a stay of proceedings and the release of grand jury materials. That information is typically private, but the defense will argue it is necessary information to build the strongest case for their client.
Defense says it's making "extraordinary efforts" to go through discovery. Says this is not a fishing expedition, but real items to investigate this case and prepare an adequate defense. Asking for court intervention to make it happen. Defense listing precedent about discovery.
"We've asked for several things that we still need." In specific, requesting training records of three police officers. Defense is not asking for records of every officer, just three that have each conducted critical interviews with witnesses in the case, made decisions about the interviews, made decisions about evidence and conducted other investigations. Defense wants records to show their processes. Says that the defense has received similar records for other cases, but is not accessible without the State's cooperation.
Second motion to compel: Looking for information from FBI speciality team who use cell phone records that were used in the probable cause affidavit. Prosecutor has indicated that defense will be getting these items, but they don't know when. Defense asking for specific date.
Last motion to compel: FBI Forensic examiner who told the state to look for white Hyundai Elantra. Defense says it has the communications between PD and FBI about date range, but defense does not have the official report from the examiner. Asking the court to create a deadline to hand it over. Says it is necessary for the defense to prepare its case. Says State has a duty to provide discovery to the defense, but not producing discovery can be a due process violation. Given that death penalty is now on the table, the defense says urgency is required for all of these materials. "There is a heightened standard now that the State has announced its intent to seek the death penalty... and these are very relevant pieces of information."
Counterargument from State: the defense has everything the State has. That includes: 10,000 tips 51 terabytes of audio/video information Argues the three officers training records are not material to the case and those officers will likely not even be called to the witness stand if it went to trial.
About the FBI forensic reports: State says the defense is seeking a specific report that is in its final stages of the review. Says it will be turned over as soon as it's ready, which should be "within the next few weeks.”
Judge sets a date for the final two motions to compel. That FBI report must be turned over by July 14, unless there is an objection by federal authorities.
Defense pushing back about the three officer's training records. Says it doesn't matter if they will be called as witnesses if it goes to trial, they are still witnesses to the case. One officer assisted in the search at 1122 King Road. Did follow-up investigations, signed lab agreements and collected evidence. Second officer did interview with key witness expected to testify. Also mentioned a specialty of working with trauma victims. Interview of key witness was one of multiple with the same witness by other officers. Defense says it may subpoena the officer if it goes to trial. Third officer did dozens of interviews, including after Kohberger arrest. The officer attended autopsy proceedings, did follow ups on tips. Made decisions about tips given to law enforcement.
Both sides have rested. Judge Judge says he will take it all under advisement, look at the written case law and will release a written decision soon. Court has been adjourned for the day.
https://twitter.com/alcaprari23
Defense says it's making "extraordinary efforts" to go through discovery. Says this is not a fishing expedition, but real items to investigate this case and prepare an adequate defense. Asking for court intervention to make it happen. Defense listing precedent about discovery.
"We've asked for several things that we still need." In specific, requesting training records of three police officers. Defense is not asking for records of every officer, just three that have each conducted critical interviews with witnesses in the case, made decisions about the interviews, made decisions about evidence and conducted other investigations. Defense wants records to show their processes. Says that the defense has received similar records for other cases, but is not accessible without the State's cooperation.
Second motion to compel: Looking for information from FBI speciality team who use cell phone records that were used in the probable cause affidavit. Prosecutor has indicated that defense will be getting these items, but they don't know when. Defense asking for specific date.
Last motion to compel: FBI Forensic examiner who told the state to look for white Hyundai Elantra. Defense says it has the communications between PD and FBI about date range, but defense does not have the official report from the examiner. Asking the court to create a deadline to hand it over. Says it is necessary for the defense to prepare its case. Says State has a duty to provide discovery to the defense, but not producing discovery can be a due process violation. Given that death penalty is now on the table, the defense says urgency is required for all of these materials. "There is a heightened standard now that the State has announced its intent to seek the death penalty... and these are very relevant pieces of information."
Counterargument from State: the defense has everything the State has. That includes: 10,000 tips 51 terabytes of audio/video information Argues the three officers training records are not material to the case and those officers will likely not even be called to the witness stand if it went to trial.
About the FBI forensic reports: State says the defense is seeking a specific report that is in its final stages of the review. Says it will be turned over as soon as it's ready, which should be "within the next few weeks.”
Judge sets a date for the final two motions to compel. That FBI report must be turned over by July 14, unless there is an objection by federal authorities.
Defense pushing back about the three officer's training records. Says it doesn't matter if they will be called as witnesses if it goes to trial, they are still witnesses to the case. One officer assisted in the search at 1122 King Road. Did follow-up investigations, signed lab agreements and collected evidence. Second officer did interview with key witness expected to testify. Also mentioned a specialty of working with trauma victims. Interview of key witness was one of multiple with the same witness by other officers. Defense says it may subpoena the officer if it goes to trial. Third officer did dozens of interviews, including after Kohberger arrest. The officer attended autopsy proceedings, did follow ups on tips. Made decisions about tips given to law enforcement.
Both sides have rested. Judge Judge says he will take it all under advisement, look at the written case law and will release a written decision soon. Court has been adjourned for the day.
https://twitter.com/alcaprari23
