Judge denies motion to unseal Kohberger DNA evidence
Defense and media argue for open hearing, but Hippler says his decision is meant to protect the jury pool from being prejudiced
Ada County District Steven Hippler ordered part of Thursday’s Bryan Kohberger hearing to be closed to the public out of concern that the evidence discussed might taint the jury pool.
Hippler made his decision Wednesday after hearing arguments from Kohberger’s attorneys and an attorney representing the media urging him to keep the hearing open to the public.
Kohberger’s defense team is arguing that the judge should suppress DNA evidence in the quadruple murder case because they allege it was illegally gathered by law enforcement. The entire case against Kohberger hinges on that DNA evidence, they argue.
The DNA evidence will be discussed during Thursday’s hearing in Ada County. Kohberger’s attorneys wanted the DNA information to be unsealed and for the hearing to be public to maintain Kohberger’s right to a public trial. They’ve also argued in written motions that this will provide more information to the public instead of the “guilt narrative” against Kohberger that the prosecution is allegedly trying to protect.
Attorney Wendy Olson, who represents the media, sided with Kohberger’s argument that this should be a public hearing. She cited the constitutional right for the press to access court proceedings.
She also said that because of the importance of DNA evidence in this case, it serves the public’s interest to see if law enforcement acted lawfully when gathering that evidence. She called it a “critical stage” in the case.
The prosecution didn’t present an argument during Wednesday’s hearing, but it recently filed a motion arguing that the DNA investigation should not be made public until the trial. Doing so will protect Kohberger’s right to a fair trial, they argue.
“The risk of exposing jurors to information that may be deemed inadmissible is particularly strong here given the publicity this case has received and the fact that most of the evidence in the case is still under seal,” Special Assistant Attorney General Jeff Nye wrote in the motion.
Hippler sided with the prosecution, saying he is also concerned about how the hearing Thursday could affect the jury pool. He said this is especially true if the evidence they discuss is ultimately inadmissible in the trial. Hippler said he has to balance the public’s right to know with Kohberger’s right to a fair trial.
He pointed to the large effort thus far to keep the jury pool from being tainted. For example, the case was moved from Latah County to Ada County because the defense argued they wouldn’t be able to find an objective jury pool in northern Idaho thanks to the media scrutiny surrounding this case.
Additionally, a nondissemination order was put in place by Judge John Judge in early 2023 to prohibit people involved in the case from speaking about it outside the courtroom.
The closed part of Thursday’s hearing is scheduled to begin 8 a.m. PST.
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 could face the death penalty if convicted. His trial is scheduled for August 2025.
Kuipers can be reached at akuipers@dnews.com.
