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Bryan Kohberger’s Attorneys Need to Change Strategy, Ted Bundy Lawyer Says
A former defense attorney for Ted Bundy weighed in on Bryan Kohberger’s defense strategy as the case continues to progress.
Kohberger, 29, is charged with four counts of first-degree murder and one count of felony burglary. He is accused of fatally stabbing University of Idaho students Madison Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin in an off-campus residence in Moscow in 2022.
John Henry Browne, Bundy’s former attorney, spoke to Fox News Digital about Kohberger’s case.
“If I were his lawyers, I would start playing offense – a lot,” Browne said. “Because you’re not going to get anywhere in a case like this playing nice.”
The defense has filed a motion for a Franks hearing. The purpose of a Franks hearing is to determine whether an affidavit used to obtain a search warrant contains truthful information.
Browne told the outlet that these motions are not often granted, but it could harm the prosecution’s case if successful. He said the defense only needs to convince one juror that the prosecution’s case is inconclusive.
“All you need to do is convince one out of the 12 there’s reasonable doubt, and then you get a mistrial,” he said. “But then you start all over.”
He said that the jurors will likely be interested in the prosecution’s theory about a potential motive.
“I have no idea what the state’s theory is about why Kohberger chose these people in this house to go kill and leave a knife [sheath] that has DNA on it,” Browne said.
Browne said he is not sure why Kohberger, who was a Washington State University Ph.D. student at the time, crossed state lines to commit the crime.
“Here’s some guy who drives 10 miles from a state where there’s no death penalty, [from] a state where there’s an active mental health defense, to a state where there is no mental health defense, and the death penalty is very active,” he said. “I think it’s just fascinating to me. I don’t know what to imply from it, but I know the facts are the facts.”
Bundy was convicted of two counts of first-degree murder in 1979 and an additional count in 1980. The night before Bundy was executed, he confessed to 30 homicides. He was executed by electric chair in 1989.
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