Kohberger trial could be pushed to 2025

The Bryan Kohberger trial could be pushed back to summer 2025 depending on what the Latah County District judge decides.

Judge John Judge heard arguments Friday from the prosecution and defense attorneys in the quadruple homicide case about when to schedule the trial. At the end of Friday’s hearing, Judge said he needed more time to decide.

Kohberger faces four counts of first-degree murder and one count of burglary in the November 2022 stabbing deaths of University of Idaho students Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin. He faces the death penalty if convicted.

Latah County Prosecutor Bill Thompson argued to schedule the trial as soon as summer of this year. He chose the summer months to avoid conflict with Moscow High School, which neighbors the Latah County Courthouse, and so hotels in the area will have enough availability for people visiting for the trial.

Kohberger’s attorney Anne Taylor argued that the trial needs to be delayed until summer 2025. Taylor said she needs more time to sort through the massive amount of potential evidence in the case while preparing for a trial.

She said her team has received 51 terabytes of information including photos, documents and videos. While she did not offer specifics, Taylor said there is one particular “important” video that she needs to review.

Taylor said there are more than 400 potential witnesses in the case and her team has talked to less than 10% of them so far. They also need to talk to experts, sort through thousands of law enforcement tips and learn everything they can about Kohberger’s “life story.”

Taylor claimed that the police report detailing law enforcement’s investigation does not clearly show why the police focused on Kohberger.

Taylor said she believes the trial will likely take as long as 12-15 weeks.

Thompson acknowledged the complexity of the case, but said he wants to provide closure to the victims’ families in a timely manner.

Judge did not make a decision Friday, but said it is “really hard for me right now” to set a trial for 2025.

It has been more than a year since Kohberger was arrested, and Judge said it is “demoralizing” to think about having a trial so far in the future. He also expressed sympathy for the victims’ families for having to wait that long.

Judge stressed that it is his goal to only have one trial, though he acknowledged that if Kohberger is convicted, there will likely be multiple appeals.

Taylor also told Judge on Friday that she plans to file a motion to change the venue of the trial. Thompson argued that is not necessary because of the widespread attention this case has received. He said it will be difficult to find a county where people are unfamiliar with Kohberger.

Thompson believes they can select an appropriate panel of jurors from Latah County, and that the court owes it to the community to have the trial in Moscow.

Judge on Friday also decided to dismiss Kohberger’s second attempt to appeal his indictment.

The suspect’s indictment in May is what led to his arraignment in Latah County District Court. Kohberger’s team has argued that the grand jury received wrong instructions about the standard of proof for indicting Kohbeger.

Kohberger’s attorney Jay Logsdon previously argued that the burden of proof should have been higher than probable cause. Judge dismissed this argument last month in a written opinion that was based on the Idaho Constitution and legislative history.

Logsdon on Friday asked for Judge’s permission to appeal this issue to the Idaho Supreme Court.

Attorney Jeff Nye, who is part of the prosecution team, said this would put the case on pause while the Supreme Court is reviewing the indictment and further delay the trial.

Judge denied permission to appeal to the Supreme Court. Judge said he remained confident that the grand jury acted correctly, and that the probable cause standard of proof is rooted in settled law.

He also shared Nye’s concerns about delaying the case any further.

Earlier this month, Judge signed an order placing more restrictions on people who attend Kohberger’s hearings in person. Those who attended Friday were not allowed to record the hearing with any electronic devices and cellphones were not allowed to be used for any purpose. Reporters were allowed to use their laptops, but only to take notes.

Judge is allowing the courtroom’s own cameras to broadcast the hearings online. Friday marked the first Kohberger hearing that was livestreamed on Judge’s YouTube page at bit.ly/3SzJFTd.

Kuipers can be reached at akuipers@dnews.com.