SPOKANE, Wash. — John Henry Browne knows highly publicized cases.
"Nobody in their right mind in the 70s and 80s would think Ted Bundy might be innocent," the seasoned defense attorney says of one of his past cases.
He defended the convicted serial killer, but that was long before the age of social media and the speculation that comes with it on cases like that of Bryan Kohberger, the man accused of killing four University of Idaho students in November.
Browne says that extra attention makes defending someone difficult.
"I think actually since the OJ Simpson trial there's been a presumption of guilt," Browne says. "I don't think people believe in the presumption of innocence anymore."
In Kohberger's case, some details have already come out, despite a probable cause affidavit remaining sealed until Kohberger is returned to Idaho. That includes the use of Kohberger's DNA to identify him as the suspect.
Browne says finding an impartial jury may be tough.
"The minute they form an opinion that a car that's similar to his car is seen at the scene and there's some sort of DNA evidence, the minute the public hears there's some sort of DNA evidence, I think everybody's mind is closed," he says.
Protecting the rights of the accused, however, doesn't solely fall on the the defense team.
"Every defendant is entitled to a fair, impartial jury," says Vanessa Waldref, the U.S. District Attorney of the Eastern District of Washington. "That is part of our obligation to ensure we are doing all we can to protect the due process rights of victims as well as defendants."
Waldref did not comment about Kohberger's case specifically, as it's still pending.
Waldref serves as prosecutor on many federal cases and, speaking in general, she says prosecutors get involved in cases long before an arrest is even made.
"That involvement of the prosecution is there throughout the investigation to ensure Constitutional due process is met," she says.
Preserving those rights for a defendant, she says, also takes time for both sides. That's why it could take years to see a case through.
"There is continued investigation by the prosecution and law enforcement to run down leads that might be necessary to move forward to a fair and just trial," Waldref says. "All those matters can take additional time."
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