Ret FBI Coffindaffer On Kohberger’s Motion to Dismiss
Aug 28, 2023, 07:00 PM
In a recent episode of the popular podcast "Hidden Killers," former FBI Special Agent and daily contributor Jennifer Coffindaffer spoke with host Tony Brueski about the ongoing legal case of Brian Kohberger. The discussion revealed intriguing insights into the defense's approach and raised pertinent questions about the forthcoming trial proceedings.
"Obviously Speedy Trial is now gone, and there's not gonna be an October second trial date," started Brueski, setting the tone for the discussion. Coffindaffer predicted the developments from the outset. "Where we go from here is going to be a deluge of defense motions," she stated. And indeed, the recent motion aims to overturn the grand jury indictment, based on four principal aspects.
Coffindaffer elaborated, "First, the defense is arguing biased grand jurors. Second, the claim that inadmissible evidence was presented. Third, a perceived lack of evidence. And fourth, they allege prosecutorial misconduct, particularly the withholding of exculpatory evidence." The gravity of these claims is clear; they strike at the very heart of the justice system, challenging the fairness and validity of the process.
"Did they hold any ground with any of these claims?" Brueski asked, seeking clarity on the defense's position. However, Coffindaffer highlighted a challenge: the documentation and evidence are sealed, making it tough to scrutinize the specifics of the allegations. "We can't even examine it," she noted, emphasizing the difficulty in determining the basis of the defense's claims.
The issue of "prosecutorial misconduct" was especially intriguing, given its recurrence throughout the pre-trial phases. Coffindaffer shed light on its significance: "Exculpatory really just means not inculpatory. Sometimes that can be just by omission." She touched upon particular concerns related to Bethany Funk and suggested that the defense's pursuit of these matters aligns with Defense Attorney Ann Taylor's known aggressive style.
Drawing from her experience, Coffindaffer observed that Taylor's approach is to "really go to the throat of the prosecution." She recollected a recent courtroom episode, stating, "She was admonished actually in the last hearing... The judge said, at some point you gotta believe the prosecution when he says they don't have anything."
Brueski further delved into Taylor's strategy, posing whether her relentless pursuit for more evidence, even after the prosecution's insistence that everything was handed over, is indicative of a deeper knowledge or merely a rigorous defense approach. Coffindaffer opined, "She's banging pinatas right now," suggesting that Taylor is determined to explore every avenue, whether fruitful or not.
Drawing parallels from her time with the FBI, Coffindaffer expressed familiarity with such defense tactics. "I've seen this before where they just keep coming and saying something's there," she noted. Emphasizing the full transparency of certain processes, she added, "We call it open discovery."
In conclusion, the "Hidden Killers" podcast episode painted a vivid picture of the unfolding legal drama surrounding Brian Kohberger's case. As Coffindaffer aptly described it, the situation is akin to "banging pinatas," with the defense vigorously shaking every tree, hoping for a potential breakthrough. As the case progresses, listeners and legal enthusiasts will keenly await every twist and turn, looking for signs of where the pinata's candy might fall next.
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The latest on Catching the Long Island Serial Killer, Chad & Lori Daybell, The Murder of Ana Walshe, Alex Murdaugh, Bryan Kohberger, Lucy Letby, Kouri Richins, Justice for Harmony Montgomery, The Murder of Stephen Smith, The Murder of Madeline Kingsbury, and much more! Listen at https://www.truecrimetodaypod.com
"Obviously Speedy Trial is now gone, and there's not gonna be an October second trial date," started Brueski, setting the tone for the discussion. Coffindaffer predicted the developments from the outset. "Where we go from here is going to be a deluge of defense motions," she stated. And indeed, the recent motion aims to overturn the grand jury indictment, based on four principal aspects.
Coffindaffer elaborated, "First, the defense is arguing biased grand jurors. Second, the claim that inadmissible evidence was presented. Third, a perceived lack of evidence. And fourth, they allege prosecutorial misconduct, particularly the withholding of exculpatory evidence." The gravity of these claims is clear; they strike at the very heart of the justice system, challenging the fairness and validity of the process.
"Did they hold any ground with any of these claims?" Brueski asked, seeking clarity on the defense's position. However, Coffindaffer highlighted a challenge: the documentation and evidence are sealed, making it tough to scrutinize the specifics of the allegations. "We can't even examine it," she noted, emphasizing the difficulty in determining the basis of the defense's claims.
The issue of "prosecutorial misconduct" was especially intriguing, given its recurrence throughout the pre-trial phases. Coffindaffer shed light on its significance: "Exculpatory really just means not inculpatory. Sometimes that can be just by omission." She touched upon particular concerns related to Bethany Funk and suggested that the defense's pursuit of these matters aligns with Defense Attorney Ann Taylor's known aggressive style.
Drawing from her experience, Coffindaffer observed that Taylor's approach is to "really go to the throat of the prosecution." She recollected a recent courtroom episode, stating, "She was admonished actually in the last hearing... The judge said, at some point you gotta believe the prosecution when he says they don't have anything."
Brueski further delved into Taylor's strategy, posing whether her relentless pursuit for more evidence, even after the prosecution's insistence that everything was handed over, is indicative of a deeper knowledge or merely a rigorous defense approach. Coffindaffer opined, "She's banging pinatas right now," suggesting that Taylor is determined to explore every avenue, whether fruitful or not.
Drawing parallels from her time with the FBI, Coffindaffer expressed familiarity with such defense tactics. "I've seen this before where they just keep coming and saying something's there," she noted. Emphasizing the full transparency of certain processes, she added, "We call it open discovery."
In conclusion, the "Hidden Killers" podcast episode painted a vivid picture of the unfolding legal drama surrounding Brian Kohberger's case. As Coffindaffer aptly described it, the situation is akin to "banging pinatas," with the defense vigorously shaking every tree, hoping for a potential breakthrough. As the case progresses, listeners and legal enthusiasts will keenly await every twist and turn, looking for signs of where the pinata's candy might fall next.
Want to listen to ALL of our podcasts AD-FREE? Subscribe through APPLE PODCASTS, and try it for three days free: https://tinyurl.com/ycw626tj
Follow Our Other Cases: https://www.truecrimetodaypod.com
The latest on Catching the Long Island Serial Killer, Chad & Lori Daybell, The Murder of Ana Walshe, Alex Murdaugh, Bryan Kohberger, Lucy Letby, Kouri Richins, Justice for Harmony Montgomery, The Murder of Stephen Smith, The Murder of Madeline Kingsbury, and much more! Listen at https://www.truecrimetodaypod.com