At end of the 2023 spring semester, many students returned home or took a summer job or stayed in Moscow. While the students were away, there have been many developments regarding the Bryan Kohberger case.
On Nov. 13, 2022, four University of Idaho students were murdered in their house – Xana Kernodle, Kaylee Goncalves, Ethan Chapin and Madison Mogen. Within the following days, ISP, FBI, local police and members of the press swarmed Moscow. The weeks passed by with little-to-no new information on the case, and no information on a suspect.
It wasn’t until Dec. 30, 2022, that Moscow police made an arrest. Bryan Kohberger, the main suspect in the University of Idaho homicides, was arrested in the Pocono Mountains, Pa., in the early morning. He would be extradited to Idaho on Jan. 4.
Kohberger was taken to the Latah County courthouse and awaited his preliminary hearing, initially scheduled for June, but the hearing was canceled because Kohberger was indicted by a grand jury on May 16 for four counts of murder in the first degree and one count of felony burglary. Not even the victim’s families were aware of the grand jury. It was held in secret.
May 22 was the day that Kohberger’s arraignment was scheduled. At his arraignment, Kohberger stood silent when asked what his plea was. The judge filled in a “not guilty” plea on all five charges. An initial trial date of Oct. 2 was scheduled. Members of the press also filed a motion to allow cameras in the courtroom, and the Goncalves family lawyer, Shanon Gray, filed a motion to amend the non-dissemination order or more widely known as the “gag order.”
The non-dissemination order has been and has continued to be a major issue in the pretrial proceedings. The media coalition wanted to lift the order and filed a motion to lift the order on May 22. Gray wanted to amend certain parts of the order, rather than lift it completely. Both the defense and prosecution have shown support for the non-dissemination order, both stating that Kohberger’s sixth amendment right must not be violated, and that the jury pool must remain untainted.
Over the summer, Kohberger’s defense would fight for additional DNA evidence that allegedly was recovered from the scene of the homicides. The defense filed a motion of discovery on May 22, and requested the three additional DNA profiles from the King Road house.
After not receiving the evidence, the defense would file several other motions to obtain this evidence. According to the prosecution, they have given the defense all known materials regarding the case, and that the three additional DNA profiles “do not exist.” The prosecution has sent supplemental inquiries to all forensic labs that handled DNA evidence to double check that all evidence was presented to the defense.
Aug. 23 was supposed to be a brief trial status hearing regarding the Kohberger case, but instead, the defense would make a critical decision. On Aug. 23, Kohberger waived his right to a speedy trial, causing his trial to be postponed indefinitely. Kohberger’s defense, Kootenai County Public Defender Anne Taylor, said that there was inadequate time for proper council and that an extension on time will allow the defense to interview more experts and witnesses.
Most recently, a hearing scheduled for Sept. 1 was vacated to Sept. 22. The hearing will discuss the availability of cameras in the courtroom. The defense does not want cameras in the courtroom for the trial. Taylor has claimed that the cameras in the courtroom have focused too much on Kohberger’s crotch, stating:
“Mr. Kohberger is entitled to defend himself against capital criminal charges without cameras focused on his fly.”
Kohberger’s next court appearance is Sept. 22, in a hearing that will discuss a motion to dismiss his indictment. The defense filed this motion on grounds of a biased grand jury, lack of evidence and prosecutorial misconduct by withholding exculpatory evidence. The decision on Sept. 22 will have a massive impact on the scheduling and future of Kohberger’s trial.
With no trial date in sight, the end of this is far from over. Nothing can be assumed about the trial date until a decision is made for the Sept. 22 hearing.
Ben DeWitt can be reached at [email protected] or on Twitter @BenDeWitt321