Bryan Kohberger returns to court Thursday to ask the judge to toss out the indictment charging him with the murders of four University of Idaho students.
Bryan Kohberger’s defense team will attempt to convince an Idaho judge to throw out the quadruple murder indictment against him in a pair of hearings Thursday. The 28-year-old with a master's degree in criminal justice is accused of butchering four University of Idaho students in a 4 a.m. home invasion attack days before Thanksgiving last year. Pennsylvania police arrested Kohberger at his parents' house in the Poconos roughly seven weeks after the massacre.
The motion to dismiss is a move that every defense attorney makes prior to trial,' David Gelman, a Philadelphia-area criminal defense attorney and former prosecutor, told Fox News Digital. 'If an attorney doesn’t make this motion, regardless if it has merit or not, they are pretty much committing malpractice.' In this case, legal experts say Kohberger’s arguments are a stretch. 'The defense motion raises meritless arguments and has no chance of success.
Prosecutors would still have a chance to convince a judge at a preliminary hearing or secure a new indictment. 'The defense is hanging on anything they possibly can,' Gelman said. 'A grand jury can indict a ham sandwich. All the prosecutor needs to show is their facts. The defense does not have an opportunity to present anything, which is why it is so easy to indict someone.
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