BREAKING NEWS Bryan Kohberger faces crushing Idaho murders trial blow as judge responds to 11th hour move from defense

Daily Mail​

5 hours ago

looks set to suffer a major blow in the fight for his life after an Idaho judge said he would 'likely' strike down his 11th-hour bid to delay his capital murder trial.
In one of two critical hearings held in Ada County courthouse Wednesday, Judge Steven Hippler heard arguments on the accused mass killer's request to postpone proceedings over his claims that a Dateline episode and other publicity had thwarted his right to a fair trial.
While Hippler said he would 'take the matter under advisement' and issue a written order at a later date, he revealed his skepticism for the defense's argument.
Hippler told both sides he would 'fully encourage everyone to continue as if the trial is going to take place when it is scheduled for.'
'I would tell you it's likely you're going to trial on the date indicated,' he said.
Now, following more than two years of legal wrangling, delays and the trial being moved to another county, it appears likely that Kohberger is finally heading to trial this summer.
Jury selection is currently slated for late July - early August while opening statements are slated to finally begin August 11.
Kohberger is accused of killing Xana Kernodle, Ethan Chapin, Kaylee Goncalves and Madison Mogen in a stabbing rampage inside an off-campus student home in Moscow, Idaho, on November 13, 2022.
Two other roommates were inside the home at the time of the attack and called 911 after finding one of their friend's bodies hours later.
The motive for the murders remains a mystery and Kohberger has no known connection to any of the victims.
If convicted, he faces the death penalty which, due to changes in Idaho law, means he could be sent to the firing squad.
With the trial looming, Kohberger's legal team made a series of last-ditch efforts to shape the defense strategy - and to upend proceedings altogether.
Following the hearing over a potential delay to the trial, a second hearing is being held behind closed doors on whether or not Kohberger can point the finger at an individual he claims could be the real killer.
The defense has claimed to have found evidence of an alternate suspect or suspects in the case and wants to present this evidence to jurors at trial.
During the hearing about a potential delay, Kohberger's lead attorney Anne Taylor argued that a delay is 'necessary' in order to protect his rights to due process, to a fair trial, to effective assistance of counsel and, if convicted, to a fair sentencing hearing.
Taylor also argued that, over the course of the two-and-half-years the defense has been preparing for the trial, there have been ongoing 'challenges' with discovery.
She told the judge that the state had handed over a 'huge' 68 terabytes of information - and that the defense had received evidence from the prosecution as recently as this week.
The defense attorney also cited a recent Dateline episode that revealed bombshell new details and suggested there had been an evidence leak in the case.
'The Dateline episode wasn't just a longtime deal back in the day,' Taylor said.
'That continues to be talked about.'
Taylor added: 'That's not all.'
She argued that other upcoming media - James Patterson's book 'The Idaho Four: An American Tragedy' and Prime Video's 'One Night in Idaho' both out in July - will trigger another wave of media coverage just before jury selection gets underway.
She argued that these will also be widespread on TV and social media - and that some involve trial witnesses - urging the judge to 'allow some space between what has recently happened in the media.'
The defense also argued the team needs more time to effectively prepare for trial and investigate Kohberger's 'life story' ahead of the potential penalty phase.
Taylor also argued that the timeframe between Kohberger's indictment and trial - more than two years - is actually shorter than most death penalty cases.
Judge Hippler interjected at this point, telling her that is compared to a federal court which he said 'moves at snail pace.'
In a court filing last week, prosecutor Bill Thompson also rubbished claims a delay would make it easier to seat an impartial jury and blasted the defense for going down 'every rabbit hole until Defendant - rather than the Court - deems himself ready for trial.'
He wrote: 'It is time to try this case.'
The state argued that Kohberger's team has had plenty of time to prepare for the trial - coming more than two years after his arrest on December 30 2022 and indictment in May 2023.
While acknowledging the Dateline episode does pose 'challenges' to the trial, the prosecution described the defense's motion as 'misplaced' and argued a delay would 'only allow more opportunities for pretrial publicity' in the high-profile case.
Some of the victims' families also condemned the prospect of yet another delay - having already waited more than two years since their loved ones were murdered to get their day in court.
'I pray with all my heart that the trial does not get delayed. My head is spinning that it's even a possibility!' the Goncalves family wrote on their Facebook page ahead of the hearing.
'The State's objection to Mr. Kohberger's motion invites reversible error. Prosecutors have an ethical and legal obligation to seek justice over convictions,' the defense wrote.
The Dateline episode at the heart of the fight for a delay revealed explosive new details about the case, including the suspected killer's phone records, porn choices and online searches for Ted Bundy.
It also aired never-before-seen surveillance footage of a suspect vehicle fleeing the crime scene moments after the murders.
Its release of never-before-seen evidence rattled proceedings with the judge saying it showed someone close to the case had 'likely' violated a gag order that has been in place since the early days.
Judge Hippler launched an investigation into the leak and ordered both sides to preserve and hand over records, vowing to root out the source of the leak.
New court records show that Kohberger's defense is now asking for a special prosecutor to be appointed to investigate the apparent leak. Prosecutors have responded to this request but the records remain under seal.
In the closed-door session, the judge heard arguments over whether Kohberger's defense can present evidence of possible alternate suspects to the jury.
Kohberger's team announced in May that they had identified an individual they allege could be the real killer.
The lead was found among a trove of tips collected by law enforcement during the original investigation, Kohberger's lead attorney Anne Taylor said.
The name of that individual or individuals and what evidence the defense has that could tie them to the brutal murders remains a mystery with all filings related to the matter sealed.
Experts told the Daily Mail that it could have a 'significant impact' on the outcome of the trial if jurors hear testimony pointing to another potential suspect.
'Ultimately, the jury has to be unanimous… if you convince just one juror that there is a reasonable alternative suspect, he walks,' criminal defense attorney David Seltzer said.
He believes the idea could provide a powerful story to counter the more technical prosecution case based on DNA evidence and data.
'The state's problem is it's a DNA trial, and DNA trials are boring. They're not engaging because people don't understand the science of DNA,' he said.
For a jury, the idea of an alternate suspect 'is something you can hold on to, that here's somebody else who did the crime,' Seltzer added.
Kohberger was connected to the murders after his DNA was found on a Ka-Bar leather knife sheath found next to Mogen's body at the scene.
Prosecutors also found cellphone records placing him outside the student home multiple times prior to the murders, as well as surveillance footage showing a vehicle matching his white Hyundai Elantra speeding away from the crime scene.
One of the surviving roommates - Dylan Mortensen - also saw a masked white man, dressed in all black and with 'bushy eyebrows' inside the home that fateful night.
She is expected to be a star witness in the trial.
It has now emerged that the DoorDash driver who delivered food to Kernodle minutes before the murders also told police she 'saw Bryan' outside the house that night.
The unidentified 44-year-old woman is also expecting to testify at the trial, she told police during a traffic stop in Pullman, Washington, last year.
Jury selection is slated to begin in late July or early August, with the trial getting underway August 11.
Kohberger stood silent at his arraignment, with a judge entering a not guilty plea on his behalf.