June 15, 2023

Criminal defense attorney Rachel Fiset, the managing partner of Los Angeles-based Zweiback, Fiset & Zalduendo, spoke to Newsweek and reflected on the latest development in the Kohberger case.

“Kohberger’s attorneys are deciding whether or not to tell the court Kohberger has an alibi for the period of time during which the murders took place, and if so, what witnesses and other evidence can support that alibi,” Fiset said.

“Kohberger has asked for an extension of the time to provide that alibi so his attorneys can review all of the evidence against him, which could allow them to create a timeline of events that place Kohberger in specific places but not contradict credible evidence that may place him elsewhere.

“In layman’s terms, this request sounds like Kohberger’s attorneys either do not believe their client’s potential alibi or they do not have one and need to work to develop that timeline free of conflicting witness statements and evidence placing him elsewhere.

“For instance, if Kohberger states he was in Washington at a specific time that evening, his attorneys want to be sure that the state’s evidence does not have pictures of his car in Idaho at the same time.”

Fiset said the evidence gathered by the state may make the job of Kohberger’s legal team very difficult.

“The decision of what defense to put forward in this case will be difficult and whether or not to put forth an alibi is the first step to developing Kohberger’s story,” Fiset said.

“It may be impossible for Kohberger to have a credible alibi with the evidence gathered by the state, and if that’s the case, his team does not want to be stuck in a position they cannot support at trial.

“If there is no alibi, however, there is a stronger chance of conviction as his defenses will be limited going forward.”

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