Kohberger WINS BIG MOTION…But Will He REGRET IT?!

Published: Sep 09, 2024 Duration: 00:08:58 Category: Entertainment

Trending searches: bryan kohberger
the judge in the Brian coburger quadruple murder case has agreed with the defense to move the case out of Moscow Idaho let's discuss I'm Dave aronburg state attorney for Palm Beach County aka the Florida law man here on True Crime MTN and a case with been following here on True Crime MTN judge judge yes that is his name has granted the defense's motion to move the case out of the small college town of Osco Idaho and has not said where it will go but people are thinking it would be Boise because that's been on the minds of a lot of people from the beginning of this case that would go to the big courthouse in Boise where they're used to high-profile cases Lorry valow deel Chad dbel for example and that is perhaps where it's going to go but the judge did not say where yet and as you could expect the families of the victims are not pleased because it's going to make it harder for them they're now going to have to go somewhere else hopefully it'll be closer uh than Boise but it could be that far away and it's a burden on them it's also frustrating for them because there's another delay if you have to start to move the case elsewhere this means that the summer trial for the case is in Jeopardy now and we'll see what happens next but this was a win for Brian koberger because cob Berger's defense team had been saying from the beginning that this case need he moved out of that small community where the quadruple murder occurred because of bad publicity because people have drawn their own opinions already and they can't get a fair trial and in a case like this the judge will often give the benefit of the doubt to the defendant to protect the defendant's Sixth Amendment right to a fair trial but as a prosecutor I got to say I was disappointed with this ruling I supported the victim's families and the prosecutions attempt to keep the trial where it was because number one it is a extra burden on families of the victims who have been through so much to have to now slept 5 hours possibly to somewhere else to watch this case to be part of it get hotel rooms and also it's just a fact fact that when you do a jury selection you are not looking necessarily for jurors who are blank slates in fact if a juror said they never heard of any of this stuff you'd probably disbelieve them it's okay to hear about the case that doesn't mean you can't get a fair trial what you're looking for are jurors who can set aside their biases jurors who say that I will follow the evidence and the law and that's how you get jurors in every High profile case that's how you got jurors and Donald Trump's cases civil and criminal you can do that it's done everywhere plus if this case were to go to trial in the summer of 2025 that's when classes at the University of Idaho are not in session now judge judge said that the courthouse of Moscow is not equipped to handle such a high-profile case well then perhaps they should have said that at the beginning I mean in the meantime this has been like 2 years of this and now you're saying yeah our Courthouse isn't isn't ready for something like this maybe you knew that a while ago and didn't have to put the families through all this and for two years later to them be told now we're going to move the case also remember the defense lawyers here did a poll in the community a survey they called people in the Moscow Idaho community and surveyed them about the case and they provided the respondent with some information that wasn't always accurate and the judge judge judge admonished the lawyers for doing that because they were essentially Poison the Well for some of the jurors so when they came back and said look these folks say that they can't be unbiased well that's in part because of the questions you asked and the information you fed them which wasn't entirely accurate and besides the poll numbers the survey numbers that came back weren't that much different than the survey numbers in other parts of the state and so that's why I think they should have kept the trial where it is but this was always going to be a tough one for prosecutors because of all the immense pre-ra publicity you have very good lawyers for cobber and judges are likely to rule in theed defendants in high-profile cases where this immense amount of pre-trial publicity especially when the trial is supposed to take place in a small town according to CNN the court has spent many months carefully considering the legal and logistical concerns with a trial of this length and magnitude carefully reading each submission listening to each expert and evaluating each party's position he wrote based on the totality of the factors defendant's motion for change of venue is granted the decision does not specify new trial location instead judge referred the case to an administrative director of the courts and the state supreme court will assign both a new venue and judge judge accepted the defense's survey results show showing that locals may not be impartial in the case he also highlighted logistical issues withholding the trial in lto County noting there are not enough County Sheriff deputies court clerks or Courthouse space to accommodate such a big trial thus the interest of Justice requires that the trial be moved to a venue with the resources both in terms of personnel and space necessary to effectively and efficiently handle a trial of this magnitude and length so that the parties in the court can focus on the case andon peripheral issues he wrote the family of Kaylee consales which has previously criticized delays in the case released a statement Monday saying it was incredibly disappointed by the ruling quote if the judge knew lto County could not handle this trial for safety reasons not enough court clerks Logistics and lacking space why do we waste over a year in a county he knew was not going to handle the trial a family said the points he mentioned didn't all of a sudden jump up and bite him in the rear I understand the frustration these MERS occurred at the end of 2022 it's now getting to the end of 2024 and we think we have a trial in the summer of next year but now that there's going to be a new venue then perhaps that gets moved as well and so you have families who feel like they've been victimized another time and judge judge was not popular with the victim's families and so at least when it comes to his decision they have expressed relief that he is no longer going to be the judge on the case when they move the case it'll be assigned to a new judge but in the end the evidence is what it is and I think the evidence is still overwhelming and the defendant here Brian coburger I expect to be found guilty I expect to receive the ultimate punishment capital punishment but the question is still when and Justice delayed is Justice denied so I understand why the families feel the way they do today but this request for a new venue for a change of venue was probably going to be granted all along in a small town lots of pre-trial publicity when you have these polls these surveys that showed what they did now I thought perhaps the judge would punish the defense for putting out these surveys these misleading questions the judge did admonish the defense lawyers and now the judge in moving the venue rewarded the defense lawyers for doing it so that's where I have another issue it's not just in doing this to the families of the victims it's also rewarding behavior that judge judge found inappropriate behavior by the defense lawy is to do these surveys of people in the community which can Poison the Well of the potential jury pool and providing them with with misleading questions to begin with stuff that wasn't true about the case so in the end they the fense got what they wanted we'll see where it lands but we'll be following it here on True Crime MTN thank you for watching I'm Dave aronburg aka the Florida law man if you like this video please like subscribe and share with a friend also leave a comment below this case gets a lot of divided comments people on both sides and with a lot of passion so bring it on we love reading your comments love hearing from you and I'll see you next time

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