Local News & NorthwestJanuary 13, 2023

Prosecution must show probable cause for quadruple homicide charge against Kohberger

Bryan Kohberger enters a courtroom in Moscow, Idaho January 12 for a status hearing. The accused murderer waived his right to a quick preliminary hearing and will appear in court again on June 26. (Kai Eiselein/Pool/New York Post)
Bryan Kohberger enters a courtroom in Moscow, Idaho January 12 for a status hearing. The accused murderer waived his right to a quick preliminary hearing and will appear in court again on June 26. (Kai Eiselein/Pool/New York Post)Kai Eiselein/New York Post

The Latah County Prosecutor and the defense attorney for the suspect in the Moscow quadruple homicide case agreed to schedule a preliminary hearing for Bryan Kohberger on June 26.

Kohberger faces four counts of first-degree murder charges for the stabbing deaths of Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin in a residence on King Road in Moscow.

On Thursday, Latah County Magistrate Judge Megan Marshall ordered his preliminary hearing to be scheduled for the last week of June, starting at 9 a.m. June 26. The judge reserved that week until June 30 in case more time is needed. Kohberger waived his right to a speedy preliminary hearing.

Kohberger is being held without bond in Latah County Jail.

During the preliminary hearing, Prosecutor Bill Thompson will try to produce evidence showing Marshall there is probable cause that Kohberger committed these crimes.

Rick Cuddihy, a criminal lawyer from the firm Knowlton & Miles in Lewiston, said he anticipates the prosecution will likely present DNA evidence and testimony from investigators and witnesses. Thompson does not have to present his whole case against Kohberger, Cuddihy said, but enough to show probable cause.

He said all of that evidence can be cross-examined by Kohberger’s attorneys, led by Kootenai County Public Defender Anne Taylor.

Cuddihy said if Marshall does decide there is enough probable cause, the case can be bound over to district court and Kohberger’s arraignment will be scheduled. It is at this arraignment that Kohberger would enter his plea.

Cuddihy said it is common for a preliminary hearing date to be scheduled months in the future. In a complex case like this, the prosecution and the defense must perform the time-consuming task of collecting all the necessary evidence, sharing that evidence with each other and building their cases.

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“In fairness to both sides, they recognize it’s going to take some time to put that together,” Cuddihy said.

If there’s any additional lab analysis of evidence, it can also take a long time before those results are returned to the state, he said.

When Kohberger was arrested Dec. 30, authorities asked the public to provide any information they may have about Kohberger to build this case against him.

Until June 26, Kohberger will likely not appear in court besides an occasional status conference, Cuddihy said. If there is a jury trial, it won’t happen for a long time, he said.

A nondissemination order prohibits attorneys and police involved in the case from speaking to the media and the public about it.

Cuddihy knows from experience that it does not serve the defense or prosecution well to rush through this process.

“You do not want to be in a hurry,” he said. “You need to take your time.”

Photos of Kohberger during his status hearing Thursday showed he had cuts on his face. Media reports confirmed that these were shaving cuts.

Kuipers can be reached at akuipers@dnews.com.

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