Bryan Kohberger’s defense attorneys want to see all the material presented to the grand jury that indicted him last month for the murders of four University of Idaho students and have asked a judge to pause the proceedings against him until that happens and they have time to go over the materials.
In a motion filed on Wednesday, attorney Anne Taylor wrote that Kohberger may want to contest the indictment. The motion clarifies that the purpose of Kohberger’s standing silent in his first court appearance was “to preserve his right to contest the indictment,” according to KHQ. The judge at the arraignment entered a not guilty plea on Kohberger’s behalf.
Idaho law allows a defendant to challenge a grand jury if it can be shown it was improperly formed.
As CrimeOnline previously reported, prosecutors have already handed over 51 terabytes of data in the discovery process, including “thousands of pages of discovery, thousands of photographs, hundreds of hours of recordings, and numerous gigabytes of electronic phone records and social media data.”
Last week, Taylor filed a motion for additional time for Kohberger to decide if he wants to provide an alibi in his defense.
This week’s motion came in response to prosecutors’ argument that the defense is entitled only to audio files and partial transcripts of the grand jury proceedings and the jurors’ notes, KTVB reported.
Taylor pointed out that her client has a legal right to challenge the indictment but cannot determine if that’s necessary without access to all relevant materials, including any “exculpatory evidence” that was presented.
The defense further argues that it should know how the secret grand jury was selected in a small community, especially given the extensive media coverage of the case, KBOI reported.
The defense has proposed a qualified protective order to secure the sensitive nature of the grand jury records.
Prosecuting Attorney Bill Thompson has signaled that he has no problem with a reasonable extension of time, noting the substantial amount of discovery materials, but he also requested an extension of time for the state should the defense decide to proffer a notice of alibi.
Kohberger, a Ph.D. candidate in criminal justice at Washington State University at the time, was arrested in December 2022 at his parents Pennsylvania home and charged with the murders of Xana Kernodle, Ethan Chapin, Madison Mogen, and Kaylee Goncalves. He was extradited on Idaho in January.
The trial is currently scheduled to begin on October 2, less than a year after the November 13, 2022, murders.
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[Featured image: Bryan Kohberger enters the courtroom for a motion hearing on June 9, 2023, in Moscow, Idaho. (Zach Wilkinson/The Moscow-Pullman Daily News via AP, Pool)]
