Now that we've had a couple of weeks to digest, the problem will cause affidavit in the Idaho

4 case, I thought it best that we dive into it a bit more than we did in episode 7.

As you know, if you listen to this pod, I am adamant that every defendant in every case

is presumed innocent, and further that we must collectively do everything in our power,

not to rush to judgment.

All of that holds true, despite the strength of the PCA in the Idaho 4 case.

Now this does not mean that objectively that one cannot look at the facts contained within

an affidavit and evaluate the potential strength of the state's case at this point in time.

I certainly did, and based on the circumstantial evidence that was put together by the joint

task force of law enforcement agencies involved appear to have built a pretty strong case

against the defendant.

Now the smoking gun in my estimation is the DNA on the sheath that was left in the home.

That will be very challenging evidence to overcome a trial.

But believe me, the defense in this case will come up with a strategy to try and explain

why it was present and why it likely contains the defendant's DNA.

I can tell you that as a practical matter, as defense counsel, I go into every single

case assuming that all of the information and evidence that the state is presenting

is true and that it's damning.

And then I work my way backwards from there, challenging each and every piece of evidence,

brick by brick.

Now I recently saw an interview with high-profile defense attorney Alan Dershowitz, you know,

from OJ, and he goes so far as to say that every defense attorney should start a case,

...