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re: UPDATE: Idaho Murders Thread (Links inside)
Posted on 1/7/23 at 8:11 pm to Blizzard of Chizz
Posted on 1/7/23 at 8:11 pm to Blizzard of Chizz
The State will absolutely put Dylan on the stand. They can't afford not to.
The jury is going to know through the testimony of other witness (the investigating officers) and the 911 tape that an eyewitness exists and has been interviewed by law enforcement.
If you're the prosecutor and you don't put the eyewitness on the stand, you're just providing fodder for the jury to sit in the jury room and wonder WHY you didn't put her on the stand. (You'll have jurors speculating that you didn't put her on the stand because she gave a description of someone that did NOT match up with the physical characteristics of Kohberger ... that's absolutely fuel for reasonable doubt).
The prosecutor has to live with any alleged credibility problems that she might present as those credibility problems aren't going to be fatal to the state's case.
The prosecutor can make the pitch that regardless of her credibility issues, she is just one more element that helps to bolster the other circumstantial evidence ... ie - DNA and phone records. She doesn't have to positively identify him, just saying there was an intruder in the house during that time frame, will be enough.
The jury is going to know through the testimony of other witness (the investigating officers) and the 911 tape that an eyewitness exists and has been interviewed by law enforcement.
If you're the prosecutor and you don't put the eyewitness on the stand, you're just providing fodder for the jury to sit in the jury room and wonder WHY you didn't put her on the stand. (You'll have jurors speculating that you didn't put her on the stand because she gave a description of someone that did NOT match up with the physical characteristics of Kohberger ... that's absolutely fuel for reasonable doubt).
The prosecutor has to live with any alleged credibility problems that she might present as those credibility problems aren't going to be fatal to the state's case.
The prosecutor can make the pitch that regardless of her credibility issues, she is just one more element that helps to bolster the other circumstantial evidence ... ie - DNA and phone records. She doesn't have to positively identify him, just saying there was an intruder in the house during that time frame, will be enough.
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