Mega Edition: Alan Dershowitz Offers Kohberger Some Unsolicited Legal Advice (9/27/26)

Alan Dershowitz said early in the Bryan Kohberger case that the evidence outlined in the probable cause affidavit looked damaging, but he cautioned that the document represented only the prosecution’s version of events. Speaking after the affidavit was unsealed in January 2023, Dershowitz said Kohberger’s defense team needed to start building its own factual record and attacking the state’s evidence piece by piece. He argued that a good defense lawyer should work from the assumption that the client may be guilty so that every weakness in the prosecution’s case can be identified, while also keeping open the possibility of negotiating a plea deal. He specifically pointed to the DNA, cellphone evidence and vehicle evidence as major areas the defense would have to confront.

Dershowitz returned to the case in 2025 and compared Kohberger’s possible defense strategy to aspects of the O.J. Simpson case, emphasizing the importance of challenging how forensic evidence was collected, handled and interpreted rather than simply denying every fact presented by prosecutors. After Kohberger ultimately pleaded guilty in exchange for avoiding the death penalty, Dershowitz criticized the prosecution’s handling of the plea agreement, arguing that prosecutors should have required Kohberger to provide a full account of the murders as part of the deal. His criticism was that the agreement secured guilty pleas and life sentences but left the victims’ families and the public without answers about motive, planning and exactly what happened inside the King Road house.


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