Bryan Kohberger murder trial set to go ahead after judge denies appeal to get it tossed
Bryan Kohberger, the alleged killer of four students at the University of Idaho, had his motion to dismiss the charges against him denied by a judge on Thursday.
Kohberger, 28, stepped into court for the second time to discuss his motions to dismiss the indictment in his upcoming trial, claiming the grand jury was given improper instructions.
The alleged quadruple murderer was requesting his case be sent back to a preliminary hearing.
However, the Washington student’s pleas were denied. The judge told his defense team they would have to take the issues up with the Idaho Supreme Court for change, as he was bound to “existing law.”
“You know, I am constrained by existing law, I can’t just change it,” Judge John Judge told Kohberger’s defense, according to Court TV.
“This is an issue you would have to bring with a higher court, [the] Idaho Supreme Court.
“I appreciate the argument, appreciate the journey back through history,” he continued. “Look forward to you getting this settled.”
In July, his attorney requested the indictment be thrown out because they claimed prosecutors failed to give a grand jury panel proper instructions when explaining the burden of proof before they voted to indict him.
His defense attorneys asked Latah County Judge John C. Judge to toss it out due to faulty instructions and instead schedule a preliminary hearing, which would give Kohberger’s lawyers the chance to question state witnesses and potentially expose information in the defendant’s favor.
In addition, Kohberger was asked to reveal his alibi, which his attorneys declined to do. His lawyers claim he was on a late-night solo drive the night of the murders.
“Mr. Kohberger has long had a habit of going for drives alone. Often he would go for drives at night,” Taylor wrote. “He did so late on November 12 and into November 13, 2022.”
However, Taylor added that Kohberger “is not claiming to be at a specific location at a specific time.”
The court denied his motion, saying the defense team had a “jarring theory” and that the grand jury maintained the “correct standard of proof is probable cause.”
In addition, Kohberger is adamant that cameras be kept out of the courtroom, arguing that it violated a judge’s orders and threatened his right to a fair trial.
Bryan Kohberger is charged with four counts of murder in connection with the deaths of Madison Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin, who were killed in their off-campus home on Nov. 13.
Defense attorneys Anne Taylor and Jay Logsdon said the media pool photographers and videographers violated the judge’s orders because most will show a wide shot of the courtroom and potentially show lawyers’ notes.
