Bryan Kohberger murder trial in limbo with Idaho judge facing two critical decisions that could upend case

Daily Mail​

5 hours ago

The trial against Bryan Kohberger is currently in limbo as an Idaho judge is set to hand down critical decisions that could upend proceedings and impact the defense's strategy to try to save him from the firing squad.
Two critical hearings are being held in Ada County courthouse Wednesday - to determine whether to grant a last-minute delay to the trial and whether the accused killer can argue an alternate suspect is the real killer.
Judge Steven Hippler's rulings on the matters will drastically shape the trial for the man accused of murdering four University of Idaho students in a crime that struck terror into the college town of Moscow and horrified the nation.
It is not clear if the judge will rule on the two matters Wednesday or at a later date.
Kohberger is accused of killing Xana Kernodle, Ethan Chapin, Kaylee Goncalves and Madison Mogen in a stabbing rampage inside an off-campus student home 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 the suspect has no known connection to any of the victims.
Now, following more than two years of legal wrangling, delays and the trial being moved to another county, opening statements in the trial are slated to begin August 11.
But, in an 11th-hour move less than two months before the trial finally gets underway, Kohberger's defense is now asking the judge for a delay.
In its argument, the defense cited a recent Dateline episode that revealed bombshell new details and suggested there had been an evidence leak in the case.
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.
If convicted, Kohberger faces the death penalty. Under state law, this means he could be sent to the firing squad.
Prosecutors, meanwhile, are fighting back against the request to delay the trial, furiously responding: 'It is time to try this case.'
In a court filing last week, prosecutor Bill Thompson rubbished claims a delay would make it easier to seat an impartial jury and blasted the defense for going down 'every rabbit hole.'
'Defendant's Motion amounts to a request for a perpetual continuance so that his counsel can go down every rabbit-hole until Defendant - rather than the Court - deems himself ready for trial,' prosecutors said.
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 have 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.
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.
The defense and the prosecution will go head-to-head presenting arguments for and against the delay in Wednesday's hearing, scheduled for 12.30pm local time.
If the judge grants the delay, the trial could be postponed indefinitely.
While that hearing is open to the public, a second hearing on the matter of alternate suspects will be held behind closed doors - keeping the identity of this suspect or suspects a closely guarded secret.
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.
It is likely that these explosive claims will only come to light at trial.
But, if the judge blocks the defense from presenting this argument to jurors, it's a theory that may never be revealed.
The defense has handed over evidence to support the claims, and the prosecution has since filed a response.
In the sealed hearing Wednesday, the judge will hear arguments from both sides.
Based on comments during the hearing in May, Judge Hippler appears skeptical that the defense has enough evidence to make this argument admissible at trial, telling the defense he needed to see more 'than just allegations.'
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.