The defense team representing Bryan Kohberger, a Ph.D. student accused of the November 2022 murders of four University of Idaho students, is urging transparency in its bid to have the judge reassess the charges.
Kohberger, a former criminology graduate student at Washington State University, faces accusations of fatally stabbing Madison Mogen, Kaylee Goncalves, Xana Kernodle, and Ethan Chapin in an off-campus residence in Moscow, Idaho, as per to Newsweek.
Bryan Kohberger's Defense Calls for Public Awareness
(Photo : Ted S. Warren-Pool/Getty Images) MOSCOW, IDAHO - SEPTEMBER 13: Bryan Kohberger, accused of murder, arrives for a hearing on cameras in the courtroom in Latah County District Court on September 13, 2023 in Moscow, Idaho. Kohberger, a former criminology PhD student, was indicted earlier this year in the November 2022 killings of Madison Mogen, 21; Kaylee Goncalves, 21; Xana Kernodle, 20; and Ethan Chapin, 20, in an off-campus apartment near the University of Idaho.
In a recent filing posted on the court docket, Kohberger's lawyer emphasized the importance of public awareness, stating, "Mr. Kohberger acknowledges the right of the public to be fully informed of the issues." This move comes after two previous attempts to have the indictment dismissed were denied by the judge.
The defense argued that the grand jury received inaccurate instructions and that prosecutors withheld evidence beneficial to Kohberger.
The high-profile nature of the case has led to a strict non-dissemination order, limiting information accessible to the public. Kohberger's defense and the prosecutors have supported restricting media coverage, citing concerns about potential bias and the risk of influencing prospective jurors.
Legal experts, such as Matt Murphy, a former prosecutor and ABC News legal contributor, note that the defense's decision to unseal their position on the judge's decision could open the proceedings to public scrutiny. Murphy explained, "Capital case litigation is largely a matter of creating or avoiding as many appellate issues as possible. 'Unsealing' it now just opens it up for the public. This has the twin dangers of poisoning prospective jurors or running afoul of the Court's desire not to try the case in the media."
The defense clarified that their initial request to seal certain filings was made under pressure from prosecutors and time constraints. They assert that Kohberger has the right for criminal rules to be applied as written, ensuring a fair process, according to ABC News.
The upcoming pretrial hearings on January 26 will address Kohberger's requests for the judge to reconsider the decision not to dismiss the charges. Prosecutors allege that Kohberger, on the early morning of November 13, 2022, broke into an off-campus home, stabbing the four University of Idaho students to death. Kohberger was arrested in December 2022 at his family's home in Pennsylvania after a six-week manhunt.
Kohberger, facing charges of four counts of first-degree murder and burglary, could potentially face the death penalty if convicted. His defense maintains that he was not present at the crime scene and was driving alone that night.
Despite the ongoing legal proceedings, the case has seen delays, with Kohberger waiving his right to a speedy trial in August, pushing back the initially scheduled trial date of October 2. A new trial date has yet to be determined.
The investigation involves the use of investigative genetic genealogy (IGG) evidence, which the judge has ordered to remain sealed to protect the privacy of individuals on the family tree. Prosecutors argue that IGG evidence was used to generate leads but was not the basis for obtaining warrants in the case.
Details surrounding the recovered DNA from a knife sheath and its alleged match to Kohberger's cheek swab further complicate the case. Madison Mogen, found with stab wounds in an upstairs bedroom, and her friend Kaylee Goncalves were among the victims, along with Xana Kernodle and Ethan Chapin, all University of Idaho undergrad students, Fox News reported.
