by Bryan Kohberger's capital murder trial delayed
Bryan Kohberger is back in court today for a critical hearing to argue why the indictment against the grand jury should be thrown out.
Judge John Judge denied the motion, but first made an unexpected decision to allow cameras into the courtroom.
The 28-year-old criminology doctoral student is currently awaiting trial for the murders of University of Idaho students Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin.
Both the defense and the prosecution were against cameras in the courtroom, but the media and victims' families fought to have the cameras allowed.
Earlier this year, Mr. Kohberger's lawyers filed a motion to dismiss the murder charges against him, citing a biased jury, inadmissible evidence and prosecutorial misconduct.
They tried to argue “errors in the grand jury instructions,” but the judge said it's the same instruction that's been given to grand juries for 100 years.
Mr Kohberger was linked to the murders that rocked the city of Moscow through DNA evidence, cellphone data, an eyewitness account and his white Hyundai Elantra.
His attorneys have previously tried to argue that the DNA may have been planted and that the state has not turned over all the evidence to the defense for review.
What we know about the Idaho murders
Graeme MasseyOctober 27, 2023 07:54
Family of victim Kaylee Goncalves ‘waits for this day'
The family of Kaylee Goncalves, who was one of the victims of the Idaho murders, posted on the family's Facebook page today just hours before suspect Bryan Kohberger's hearing.
“Court today! Pray that things will be decided in our favor. I can barely breathe. We've been waiting for this day since September 20.”
Graeme MasseyOctober 27, 2023 06:04
ICYMI: Everything you need to know about the Idaho murders
It's been nearly a year since the quadruple murders rocked a quiet college town in Idaho.
Since then, one suspect has been arrested and a lengthy legal battle ensued by his defense to have his charges dropped.
As the sole suspect in the brutal murders is set to appear in court on Thursday, here's everything you need to know about the case:
Graeme MasseyOctober 27, 2023 02:03
Who is Bryan Kohberger? Criminology graduate charged with murders at Idaho college
Mr. Kohberger, then a doctor of criminology at the University of Washington, is accused of stabbing to death Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin at an off-campus student rental house in Moscow, Idaho, on Nov. 13.
Loved ones of the victims and those following developments in the quadruple murder case went from weeks of near-silence from law enforcement to the bombshell news of the accused killer's arrest six weeks later.
Since then, people from Mr. Kohberger's past – albeit shocked – have created a picture of a lonely victim who overcame addiction. Meanwhile, fellow students from his days just over the Idaho border in Washington describe a forensics zealot who “kicked people out.”
With the 28-year-old now facing the death penalty in the case, The independent asks: Who really is Brian Kohberger;
Who is Bryan Kohberger?
Speculation and rumors have run wild in the months since Bryan Kohberger's arrest, as conspirators and armchair detectives paint all kinds of pictures of the accused killer. But who is the former doctor really? Sheila Flynn reports
Graeme Massey27 October 2023 00:05
Bryan Kohberger suffers two major losses in the Idaho murder hearing
Judge John Judge rejected a motion filed by Bryan Kohberger's defense team to drop all charges against him.
Earlier this year, Mr. Kohberger's lawyers filed a motion to dismiss the murder charges against him, citing a biased jury, inadmissible evidence and prosecutorial misconduct.
Judge Judge said that while he appreciated the defense's argument, which he called “creative,” he quickly ruled that the grand jury's indictment would stand.
“I appreciate the argument. I think it's really creative and I appreciate the journey back in history,” Judge said.
“I mean, what it comes down to for me is that I'm limited by what I think is established law in Idaho. I could be wrong, but this is definitely a matter that you should raise in a higher court, like the Idaho Supreme Court, and I look forward to receiving it.”
Andrea Cavalier References.
Andrea Cavalier26 October 2023 23:31
Judge denies Kohberger's defense motion to dismiss grand jury indictment
Judge John Judge denied the defense team's motion to dismiss the indictment against Kohberger.
Court adjourned for the day.
Andrea Cavalier26 October 2023 22:22
The defense argues that the grand jury was misinstructed
Kohberger's defense argues the grand jury was given the wrong instructions – but Judge John Judge says it's the same instruction grand juries have been given for 100 years.
Attorney Jay Logsdon is trying to set aside precedent on what jurors need for an indictment and that the standard of proof should include more than probable cause, KXLY reporter Jordan Smith wrote from the courtroom.
Mr. Logsdon believes the standard for an indictment should be raised to “beyond a reasonable doubt.”
Andrea Cavalier26 October 2023 22:06
The defense is attempting to dismiss the indictment against Kohberger
The Idaho murder suspect's defense team is now arguing why the indictment against him should be dismissed.
Attorneys for Bryan Kohberger filed a motion earlier this year to dismiss the indictment, citing a biased jury, inadmissible evidence and prosecutorial misconduct.
Hearings in Latah County Court were originally set for September, but were eventually pushed back to October 26.
Andrea Cavalier26 October 2023 21:47
The Kohberger hearing is ongoing after a delayed start
Bryan Kohberger and his defense team are in the courtroom for the second hearing of the day.
The first was closed to the public.
Cell phones and laptops are allowed in the courtroom, but recording is not allowed.
There is a camera in the courtroom, but it will not be public for viewing until after the hearing is over.
Andrea Cavalier26 October 2023 21:44
Will Bryan Kohberger's audition be streamed live?
There will be a camera in the courtroom for Kohberger's hearing Thursday, but it will not be available for public viewing until after the hearing is over.
A line of people, including victims' families, community members and media, has formed at the Latah County courthouse.
The hearing was scheduled to begin at 1:00 PM PT/4 PM. ET, but it appears to be delayed.
Andrea Cavalier26 October 2023 21:15
