Idaho College Murders: Bryan Kohberger May Fight Indictment, Lawyers Claim Prosecutors Withholding Evidence
June 17 2023, Published 12:18 p.m. ET
The attorneys for Bryan Kohberger, who stands accused of the murders of four college students in Idaho, want to see all the materials presented to the grand jury that indicted him and have asked a judge to pause the proceedings against him until that happens, according to authorities.
On June 14, attorney Anne Taylor filed the motion, stating Kohberger may want to contest the indictment, according to KHQ.
Last month, Kohberger stood silent during his arraignment, which Taylor said was “to preserve his right to contest the indictment,” KHQ reported. The judge at the arraignment entered a not guilty plea on Kohberger’s behalf, as Front Page Detectives previously reported.
According to Idaho law, a defendant can challenge a grand jury if it can be shown it was improperly formed.
Prosecutors have already handed over 51 terabytes of data in the discovery process, including photographs, social media data, hours of recordings and more.
Last week, Taylor filed a motion seeking additional time for Kohberger to decide if he wants to provide an alibi in his defense, as Front Page Detectives reported.
For this new motion, it comes after prosecutors said the defense is entitled only to audio files and partial transcripts of the grand jury proceedings and the jurors’ notes, according to KTVB.
In the motion, Taylor stated her client has a legal right to challenge the indictment. They cannot determine if that’s necessary without access to all relevant materials, including an “exculpatory evidence” that was presented, KTVB reported.
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They also argued they should know how the secret grand jury was selected in a small community, especially since there has been so much media coverage of the case, according to KBOI.
Prosecuting Attorney Bill Thompson stated he has no problem with a reasonable extension of time, but he also requested an extension for the state should the defense decide to proffer a notice of alibi, KBOI reported.
As Front Page Detectives previously reported, 28-year-old Kohberger was studying for a Ph.D. in criminology at Washington State University when police believe he broke into a home in Moscow, Idaho, and stabbed four students to death: Kaylee Goncalves, 21; Madison Mogen, 21; Xana Kernodle, 20; and Kernodle's boyfriend, Ethan Chapin, 20.
As of now, the trial is scheduled to begin on Oct. 2.
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