Judge Criticizes Bryan Kohberger Defense for "Largely Irrelevant" Submissions
Hidden Killers With Tony Brueski | True Crime News & Commentary
True Crime Today
3.3 • 907 Ratings
🗓️ 2 December 2024
⏱️ 11 minutes
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Summary
Kohberger is charged with four counts of first-degree murder and one count of felony burglary in connection with the fatal stabbings of Madison Mogen, Kaylee Goncalves, Xana Kernodle, and Ethan Chapin at an off-campus residence.
District Judge Steven Hippler issued a stern order regarding the defense’s motion for a Franks hearing. A Franks hearing examines whether an affidavit used to obtain a search warrant contains misleading or false information. If granted, the court will consider arguments from both sides before ruling on the motion.
However, Hippler noted significant issues with the defense's filing, which included 38 exhibits totaling over 2,000 pages.
"Unfortunately, Defendant's memorandum largely fails to identify with particularity the relevant portions of the exhibits, instead referring simply to the exhibit number without identifying the precise pages at issue," Hippler said. "Thus, the Court is left with the unenviable task of sifting through pages and pages of largely irrelevant documents to ascertain what portion Defendant may be referring to."
Hippler emphasized that it is not the court's responsibility to comb through voluminous filings for relevant information. "The court is not required to search the record looking for evidence," he added.
The defense has been ordered to resubmit its filings and exclude irrelevant portions, with a deadline set for Tuesday.
This critique comes on the heels of a separate dispute last week, in which the defense sought an extension for filing motions related to discovery. The deadline had been November 14, but the defense requested an extension the day before, citing the "vast amount of discovery" that still needed to be reviewed.
Judge Hippler rejected the request on November 15, stating that it lacked sufficient justification.
"Motions to enlarge deadline filed on the eve of the deadline are not well taken," Hippler wrote. "Defendant could have ascertained far sooner whether the discovery motions deadline would pose difficulty and brought it to the Court's attention."
He further criticized the defense for failing to demonstrate good cause for the delay. "Defendant has not set forth what efforts have been made to review the discovery, what portion of discovery has not yet been reviewed, why it has not been reviewed or how long it will take to complete such review," Hippler added.
With the defense now under strict orders to revise and resubmit their Franks hearing motion, the focus remains on how these procedural delays and criticisms will impact Kohberger’s legal strategy.
The case continues to attract widespread attention, with many watching closely for further developments in one of the most closely followed criminal cases in recent history.
#BryanKohberger #UniversityOfIdaho #FranksHearing #JudgeHippler #TrueCrime #LegalNews #MoscowIdaho
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Transcript
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| 0:00.0 | Broadcasting live from the true crime today's studios to the world. |
| 0:05.8 | To the world. |
| 0:06.5 | This is Murder in the Morning with Tony Bruske and Stacy Cole. |
| 0:10.3 | From the hit killers podcast, Murder in the morning. |
| 0:17.3 | I'm kind of happy about this. |
| 0:18.8 | We have the new judge in the Brian Coburger case. |
| 0:21.7 | Getting sick of bullshit very quickly from Ann Taylor. |
| 0:26.7 | You know, like, oh, we have an alibi. |
| 0:28.6 | We have an alibi. |
| 0:29.4 | What is your fucking alibi? |
| 0:30.6 | Oh, he likes to drive around at night in the dark. |
| 0:33.4 | Creeply by himself. |
| 0:35.2 | That's your alibi? |
| 0:37.1 | Now in a kind of shocking move, |
| 0:41.9 | which I'm very surprised they're attempting to do this. |
| 0:44.7 | But again, I think they're just throwing anything against the wall |
| 0:47.1 | to see what sticks. |
| 0:49.5 | The defense team of Brian Coburger is requesting a Franks hearing. |
| 0:54.9 | Franks hearing examines whether an affidavit used to obtain a search warrant contains misleading |
| 1:00.6 | or false information. |
| 1:01.9 | If granted, the court will then consider arguments on both sides before a ruling is on the |
| 1:07.3 | motion. |
... |
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