• Bryan Kohberger seeks indictment dismissal in Idaho college killings ca

    From useapen@21:1/5 to All on Sun Aug 13 03:48:12 2023
    XPost: alt.fan.states.idaho, alt.hobbies.serial-murder, talk.politics.guns XPost: sac.politics

    Attorneys for Bryan Kohberger, the man accused of killing four Idaho
    college students last year, are trying to get his indictment dismissed.

    In a new court filing from July 25, but released on Thursday, Kohberger's attorneys are asking the judge to dismiss the indictment on the "grounds
    that the Grand Jury was misled as to the standard of proof required for an indictment."

    MORE: Accused Idaho college murderer's lawyer signals possible alibi
    defense
    Kohberger's lawyers argue the grand jury should have been instructed that
    the standard of proof based on what was presented to them is "beyond a reasonable doubt." But, they were not given that instruction, his lawyers argue.

    Instead, the filing claims they were given the standard of proof required
    for a "Presentment," which the filing claims is having a "reasonable
    ground for believing that a particular individual … has committed" a
    certain offense. And because the grand jury was allegedly told they could indict on a lower standard of proof, Kohberger's lawyers want the
    indictment dismissed.

    If the judge won't dismiss the indictment, Kohberger's attorneys are
    asking for a new preliminary hearing to argue this in front of a
    magistrate to decide if the case should proceed.

    https://www.msn.com/en-us/news/crime/bryan-kohberger-seeks-indictment- dismissal-in-idaho-college-killings-case/ar-AA1es3V4

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