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Murder In Moscow: Bryan Kohberger's Motion To Preclude Capital Punishment (Part 2) (3/12/25)
In State of Idaho v. Bryan C. Kohberger (Case No. CR01-24-31665), the defense filed a motion on February 24, 2025, to preclude the death penalty and implement additional procedures, citing the prosecution's numerous disclosure violations. The defense argues that the State has failed to meet its constitutional obligations to identify, preserve, and timely disclose exculpatory evidence, which is crucial for ensuring a fair trial. They contend that such suppression of evidence hinders the defense's ability to prepare effectively and undermines the integrity of the judicial process.
Furthermore, the defense emphasizes that mitigating evidence is material when it could influence a jury's deliberations on punishment. They assert that the prosecution's duty to disclose extends beyond the immediate knowledge of the prosecutors to include information held by law enforcement officers, state lab technicians, and other state actors. By failing to provide timely and complete disclosure, the State impairs the defense's capacity to present mitigating factors, which is essential in capital cases where the death penalty is a potential outcome.
to contact me:
bobbycapucci@protonmail.com
source:
022425-Motion-Preclude-Death-Penalty-Adopt-Necessary-Procedures-States-Disclosure-Violations.pdf
Published on 2 months ago