Bryan Kohberger's defense team seeks to postpone Idaho murder trial
The Brief
Bryan Kohberger's defense team has filed a motion to indefinitely postpone his murder trial, currently set for Aug. 11.
The defense argues that a recent "Dateline" episode and an upcoming book have created prejudicial publicity through leaked, non-public information.
The judge has already initiated an investigation into how "Dateline" obtained its material.
BOISE, Idaho - Bryan Kohberger, accused in the killings of four University of Idaho students, is seeking an indefinite postponement of his trial date. His defense team filed a 40-page "motion to continue" Monday, citing a recent NBC Dateline program that they claim showcased "materials... to promote a narrative of guilt."
The backstory
Kohberger is charged in the deaths of Madison Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin. Opening arguments in the trial are currently scheduled for Aug. 11.
The defense motion argues that rescheduling the trial will "mitigate the prejudicial effects" of negative publicity following the May 9 Dateline program. The report featured data allegedly found on Kohberger's cell phone, including searches about serial killers and images of college-aged women in bikinis.
What they're saying
The defense stated in the motion that the Dateline program "includes details and materials, including video footage, cell phone records, and photographs of documents, that are not publicly available through official channels. The show repeatedly emphasizes the nonpublic nature of this information, stating it was obtained from unnamed sources who are close to the investigation, and that the materials were obtained exclusively by Dateline. Much of the "investigative" material presented by Dateline was taken out of context and will not be admissible at trial because it lacks reliability."
Latah County District Judge John Judge has already called for a separate investigation into how Dateline obtained the material.
Dig deeper
The motion also referenced a forthcoming book by author James Patterson, "The Idaho Four: An American Tragedy," scheduled for release on July 14. The defense states the book's description of Kohberger as a "brilliant grad student, loner, apparent incel," and the publisher's boast of "unmatched access" to the investigation, including interviews with "local law enforcement," further demonstrates the need for a delay.
"This suggests that the apparent Dateline leak was not the only violation of this Court's non-dissemination order," the defense wrote in the motion. "The Sixth and Fourteenth Amendments guarantee the right to a fair trial by an impartial jury. A continuance is necessary to fully investigate the leaks and to mitigate the prejudicial effects of such inflammatory pretrial publicity occurring so close to the current trial date."
The Source
Information in this story came from Ada County Court and various court filings.
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