After a series of back-and-forth filings, an Idaho judge has scheduled a June 27 hearing to determine what records from the grand jury that indicted Bryan Kohberger his defense will be allowed to review — and what must remain behind the wall of secrecy associated with the panel.
Kohberger, charged with the brutal stabbing deaths of four University of Idaho students last November, is scheduled to stand trail on October 2, but his attorneys say they want the proceedings halted while they go over thousands of pages of material already handed over in discovery and, they hope, even more after the hearing at the end of the month.
Public defender Anne Taylor has asked for all of the materials presented to the grand jury, which was seated specifically to hear Kohberger’s case, and has said she wants to be certain that the panel was set up fairly, especially given the intense media scrutiny over the case for the six months prior to the grand jury’s meetings.
As CrimeOnline previously reported, Taylor’s most recent filings clarified that her client “stood silent” at his arraignment “to preserve his right to contest the indictment.”
Taylor asked in a filing last week that 2nd Judicial District Court Judge John Judge also hear arguments on June 27 on her motion for a stay in the proceedings, the Idaho Statesman reported.
“Mr. Kohberger seeks to stay the proceedings,” she wrote. “He is exercising his due diligence to discover the grounds upon which to file a motion to dismiss related to how the grand jury was selected. He is being delayed through no fault of his own.”
Prosecutor Bill Thompson responded in his filings that there are some grand jury records that the defense has requested that Idaho law does not make available for review and that the judge must make that final determination.
Thompson has, however, agreed that the the defense should see records related to the grand jury selection process.
Thompson has also signaled he is amenable to a delay, noting the significant amount of discovery material that has already been handed over.
Prosecutors have also not decided if they will seek the death penalty should Kohberger, 28, be convicted. And Taylor has filed another motion asking for more time to decide if Kohberger will formally proffer an alibi for the time of the murders.
Kohberger is charged with breaking into a rental home just off the University of Idaho campus in the early hours of November 13, 2022, and killing Ethan Chapin, Xana Kernodle, Madison Mogen, and Kaylee Goncalves.
The judge is also considering a motion to lift a gag order that some victims’ family members have complained restricts them from talking about the case.
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[Featured image: FILE – Bryan Kohberger sits with his attorney, Anne Taylor, at a hearing on June 9, 2023, in Moscow, Idaho. (Zach Wilkinson/The Moscow-Pullman Daily News via AP, Pool, File)]
