Defense Attorney Josh Kolsrud: Prosecution’s Case Against Brendan Banfield May Be on Shaky Ground

Defense attorney Josh Kolsrud describes the Brendan Banfield case as deeply disturbing—but cautions that the prosecution’s version of events should not be taken at face value. While prosecutors allege an elaborate, premeditated plot involving a fetish website and a staged attack, Kolsrud emphasizes that these are still allegations, not proven facts. He outlines three competing narratives the jury must consider: that the au pair orchestrated the events, that Banfield did, or that Banfield walked in believing his wife was under attack and reacted in the moment.

Shaky Witness Testimony

Kolsrud stresses that the prosecution’s case hinges almost entirely on the credibility of a single witness who has a clear motive to lie. In his view, this creates a major vulnerability, because juries are inherently skeptical of “snitch” testimony without strong corroboration. He questions whether the state can overcome this hurdle, noting that credibility alone is rarely enough to sustain a conviction in a complex murder case.

Critical Gaps In Evidence

Digging into the evidence, Kolsrud points out what he sees as critical gaps. The fetish website profile prosecutors rely on originated from the victim’s phone, not Banfield’s, and there is no direct digital evidence tying Banfield—such as an IP address—to its creation or use. He argues that much of the state’s case relies on inferences about writing style and access rather than hard proof, making the prosecution’s burden significantly more difficult. As Kolsrud sees it, these weaknesses could make this far from an easy win for the state.

Key Takeaways:

• Kolsrud believes the prosecution’s theory is built largely on assumptions, not direct evidence.
• The case depends heavily on the credibility of a witness with a motive to lie, which juries often distrust.
• Digital evidence tying Brendan Banfield directly to the alleged online activity appears to be circumstantial.
• Multiple plausible explanations remain, creating reasonable doubt that could challenge the prosecution at trial.

For more case insights from Josh Kolsrud visit https://kolsrudlawoffices.com/in-the-news/