LATAH COUNTY, Idaho — Several motions were addressed in the ongoing proceedings leading up to the anticipated October trial for Bryan Kohberger, accused of murdering four University of Idaho students, Kaylee Goncalves, Madison Mogen, Xana Kernodle, and Ethan Chapin, in November 2022.
Last month, the defense submitted a motion, which was granted by Judge John Judge, petitioning to receive the transcript (exempt of jury deliberations) of the grand jury hearing that led to Kohberger's indictment.
They will also receive copies of exhibits and juror questionnaires, all to remain confidential from the public. Materials are able to be shared with investigators and experts with the condition that information not be disclosed otherwise. The actual names of the jurors are to be removed to protect their identities. The transcript is scheduled to be completed on July 21.
Latah County has been ordered to pay the expenses associated with transcribing the grand jury transcript for the defense team, as Kohberger cites an inability to pay and was previously found to be indigent.
The motion to stay proceedings, submitted on June 13, has been found to be premature, as the defense has not had the opportunity to review the grand jury records, transcript, and recordings. The motion has, therefore, been denied.
When petitioning to stay proceedings, the defendant is entitled to present evidence supporting a claim that the State exercised a substantial failure to comply with the procedures for selecting the grand or trial jury. The defendant must present a sworn statement of facts that, if found to be true, would substantiate this request.
In a criminal case, a motion to quash the indictment could be the result if the defense is able to prove the State's failure to comply.
Kohberger's team will be eligible to resubmit the motion to stay proceedings if, upon review of grand jury records, they find factual proof that the state was remiss in following proper procedures in jury selection.
However, in recognition of the defendant's right to a speedy trial, which has not been waived by the defense, the court is cognizant that the scheduled October 2 trial date is fast approaching.
Weighing the combination of Kohberger's right to review and potentially challenge the grand jury, and the right to a speedy trial, the court has ruled, and Kohberger has agreed, that a stay of 37 days (through August 11) will apply, but only to the running of a speedy trial. Meaning, the State must bring Kohberger to trial within 6 months and 37 days of the May 22 indictment. The stay does not apply to any other portion of the case, such as discovery or motion practice.
As previously ordered, Kohberger is still obligated to provide the state with an alibi by July 24.
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At this time, the court is keeping the previously scheduled October 2 trial date, though either party would have the opportunity to request a delay if they feel they need the extra 37 days to prepare.
A Defendant's Motion Hearing is scheduled for August 18 at 10:30 am PT in the Latah County Courthouse.
