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Idaho murder case runs into problems but suspect set for August trial
Idaho murder case runs into problems but suspect set for August trial

The Guardian

time3 days ago

  • General
  • The Guardian

Idaho murder case runs into problems but suspect set for August trial

Bryan Kohberger, the suspect accused of killing four young University of Idaho students in 2022, is set to go to trial in August in a case that could see him sentenced to death. He is charged with the murders of Madison Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin – who were together in the same house when someone broke in at night and stabbed them to death. But the case is running into problems, not least a failure by prosecutors to ascribe a motive for the killings, which terrified a region and shocked the US amid a media frenzy around the crime. Last week, Kohberger's attorneys requested a trial delay, citing in part intense publicity around the case generated in part by a recent NBC Dateline special they claim was prejudicial to their client because it contained apparent prosecution leaks in violation of a non-dissemination order. The leaks included information that the phone belonging to Kohberger connected 23 times in four months to a cellphone tower near the rented home where the four students were killed. And also that he searched the internet for information about serial killer Ted Bundy as well as for pornography with the keywords 'drugged', 'sleeping' and 'passed out'. The defense is arguing it now requires more time to prepare for trial because of the publicity around that information. Further problems may arise in July with the pre-trial publication of The Idaho Four, by the crime writer James Patterson and the journalist Vicky Ward, who ran afoul of a judge in South Carolina after obtaining crime-scene photos and documents in a civil claim related to that state's notorious Alex Murdaugh double murder case. Kohberger's attorneys have said the blurb for the book 'suggests that the apparent Dateline leak was not the only violation of this court's non-dissemination order' and a delay might mitigate the 'prejudicial effects of such inflammatory pretrial publicity'. Idaho judge Steven Hippler has said he is open to appointing a special prosecutor to question people under oath to determine the origin of the leaks. But whether or not a delay is granted, a number of recent court rulings have been going against Kohberger, who has pleaded not guilty. His defense team has tried to keep considerable evidence, including a 911 call alerting police to the crime; the description of a man with 'bushy eyebrows' at the house around the time of the murders; and his Amazon shopping history, including the purchase of a knife similar to the one the alleged assailant was said to have used, out of the trial. Amazon records show that an account under Kohberger's name and email address bought a Ka-Bar knife, sheath and sharpener in March 2022, eight months before the murders, and had them shipped to his parents' home in Pennsylvania, where he was later arrested. A brown leather Ka-Bar knife sheath was found, police said, next to one victim's body and DNA on the clasp matched to Kohberger. Kohberger's defense team claims his Amazon purchase history was 'out of context, incomplete and unfairly prejudicial', but Hippler ruled it was 'highly relevant' and 'establishes significant connection between the defendant and Ka-Bar knife and sheath'. In another ruling against the defence, Hippler turned down a request to exclude the criminology student's 12-page master's essay from being presented as evidence in the trial. In it, Kohberger assessed how to handle a crime scene where a woman has been found stabbed to death. Other rulings going against the suspect involve evidence about his white Hyundai Elantra – a similar make and model of car that prosecutors say the killer drove and which was captured on security video near the home before the murders and leaving soon after. Nor has the judge allowed defense requests that the death penalty option be dropped because their client was once diagnosed with autism. Hippler instead ruled that the defense can only introduce the diagnosis if Kohberger testifies in his own defense or as a mitigating factor is he is convicted. But Hippler has also ruled that Kohberger's defense was permitted to keep a court filing 'in support of … alternate perpetrators' sealed from public view. It is not yet clear if defense claims of another perpetrator, or perpetrators, claimed to be in the documents will be permitted at trial. Absent from the prosecutors' filings to date are any attempts to ascribe a motive for Kohberger's alleged actions. Forensic psychiatrist Carole Lieberman has said she believes Kohberger's decision to study psychology and then criminology was because he was 'trying to calm the demons inside of him' and simultaneously 'trying to learn how to commit the perfect crime'. To the Guardian last week she went further, arguing that the bloody crime scene and use of a knife was evidence that Kohberger harbored rage against young women. Kohberger, she claimed, had held this rage since at least middle school, when he had a crush on a cheerleader – said to have looked like Kaylee Goncalves – only for her to reject him. 'I think that's why he stalked and killed them,' she said. According to some reports, Kohhberg followed Mogen and Goncalves on Instagram. The defence denies the claim and argues there is no motive to find because Kohberger did not commit the crime. Louis Schlesinger, a professor of psychology at John Jay College, said it should be noted that Kohberger's alleged crime was a targeted mass killing, not a serial killing, because there were two others in the home at the time, including a surviving roommate, who reported seeing an intruder with 'bushy eyebrows', and were not attacked. 'This seems to be situationally based, so you can rule out psychosis or impulsivity,' Schlesinger said, 'and it doesn't appear to be sexually motivated. It could be jealousy or a feeling of rejection or humiliation. But we really don't know the motive was.' But that doesn't mean a jury would not want prosecutors to at least imply a motive. 'Jurors want to hear a motive before they send someone to the execution chamber,' he said. 'They will want to know why he did it.'

Idaho murders judge rules on whether Bryan Kohberger can keep 'alternate' suspect secret
Idaho murders judge rules on whether Bryan Kohberger can keep 'alternate' suspect secret

Daily Mail​

time5 days ago

  • General
  • Daily Mail​

Idaho murders judge rules on whether Bryan Kohberger can keep 'alternate' suspect secret

's apparent evidence pointing to an alternate killer in the murders of four University of Idaho students has been sealed, shrouding the bombshell allegations in secrecy. Judge Steven Hippler granted a request from the accused killer's defense team this week to keep its filing 'in Support of Offer of Proof RE: Alternate Perpetrators and its supporting exhibits' sealed. As it stands, the identity of this suspect or suspects and what evidence the defense has that could tie them to the brutal murders remains a mystery. It also remains to be seen whether or not the judge will allow the defense to present these claims to the jury at his capital murder trial - and so whether or not the public will ever learn the answers to those questions. Kohberger is due to go on trial this August charged with the November 13, 2022, murders of Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin in a horrific crime that shocked the nation. The suspect is accused of breaking into a three-story, off-campus home in the heart of the college town of Moscow, Idaho, and stabbing the victims to death. Two other roommates survived, with one of them coming face-to-face with the masked killer moments after the attack. Now, in an explosive 11th-hour move just three months before his trial, Kohberger's lawyers claim to have identified an alternate suspect they say could be the real killer. Based on comments made by his attorneys, the alternate suspect appears to be someone who did crop up during the initial police inquiries. In a hearing on April 9, Kohberger's lead attorney Anne Taylor told the court she had found a lead on another suspect buried among a trove of tips collected by police. She also previously revealed the defense's plans to argue Kohberger was framed by someone planting his DNA at the crime scene - and that two people must have committed the crime using two weapons. Judge Steven Hippler gave the defense a deadline of May 23 to hand over evidence to support the claims. 'Provide me with whatever actual evidence you have that supports those allegations, other than just allegations,' he said in a May 15 hearing. 'And two, provide for me how it is you believe that what you're offering is admissible. It seemed to me much of what you had put in there was fairly… potentially fairly objectionable in terms of… admissibility. So, I would like to see that.' Court records show the documents were filed by May 23 under seal. Now, the prosecution has until June 6 to respond to the claims before a court hearing is held later that month. Then, the judge will decide if the defense can present this alternate suspect at the trial. Experts told the Daily Mail that the theory could have a 'significant impact' on the trial if jurors hear it. '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. Seltzer continued: '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.' Kohberger was connected to the murders after his DNA was found on a Ka-Bar leather knife sheath 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 car speeding away. 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'. The significant move comes as the defense is also trying to delay the trial altogether - citing a recent Dateline episode that revealed bombshell new details about the case. The show revealed 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 horrific crime scene on November 13, 2022. Days after the show aired, Judge Steven Hippler handed down a scathing court order saying that the release of 'sensitive information' in the episode shows that someone close to the case has 'likely' violated the gag order. He warned that this could make it more difficult to seat an impartial jury when Kohberger goes on trial for his life this August - something that those close to the victims described as 'a distraction.' The judge ordered an investigation into the leak, vowing to root out the source and hold the culprit to account. Both sides were ordered to preserve all records around the case and to hand over a list of names of everyone who might have had access to the information revealed on the show, including staff members, law enforcement officers and defense consultants. New court filings reveal that both the defense and prosecution have now handed over these records. In other filings, the defense also asked the judge to allow witnesses who may testify in the penalty phase of the trial - if Kohberger is convicted - to attend the trial phase. Typically, witnesses cannot attend a criminal trial until after they have taken the stand to prevent their testimony being shaped by what they hear. But, the defense asked that these mitigation witnesses - who will only testify if he is convicted - be excluded from this requirement. The judge has already made an exception for Kohberger's immediate family members so that they can support him inside the courtroom for every day of his high-profile trial - even before they are called to the stand to testify against him. Prosecutors plan to call some of Kohberger's family members - father Michael, mother MaryAnn and two older sisters Amanda and Melissa - as witnesses for the state. Another newly-released court order provides further information about the jury selection process. The judge revealed that, before voir dire begins - where potential jurors are questioned about their impartiality as part of the selection process - questionnaires will be distributed to and completed by jurors at the Ada County Courthouse. 'In order to maximize courtroom space and efficiency of this process, and because the distribution of questionnaires is an administrative function, observation of this process is limited to Counsel and the Defendant,' the order states. The judge plans to have eight alternate jurors - as opposed to the typical number of six - taking the full panel up to 20. Jury selection is slated to begin in late July or early August, with the trial getting underway August 11. If convicted, Kohberger faces the death penalty.

Idaho murder suspect's lawyers demand trial postponement over 'prejudicial' TV special
Idaho murder suspect's lawyers demand trial postponement over 'prejudicial' TV special

Yahoo

time22-05-2025

  • Yahoo

Idaho murder suspect's lawyers demand trial postponement over 'prejudicial' TV special

Attorneys for Bryan Kohberger, who has been accused of killing four University of Idaho students, are asking that his trial be delayed. The court filing cites that a recent NBC "Dateline" special has caused prejudice towards Kohberger and that they now need additional time to prepare. The defense also believes that moving forward would infringe on Kohberger's constitutional rights. Judge Says Gag Order 'Likely' Violated In Bryan Kohberger's Idaho Murder Case "Motion to Continue due to the substantial amount of trial investigation and preparation still outstanding, as well as recent and forthcoming publicity that is highly prejudicial to the defense," the filing said. "Any conviction and sentence resulting from a capital trial beginning in August 2025 will be unconstitutionally imposed and, therefore, vulnerable to reversal on direct or collateral review." New information about the murders was presented during the May 9 NBC "Dateline" program, which included surveillance footage from a nearby house. The surveillance video showed a car similar to Kohberger's that was in the area of the King Road house several times just before the four students were killed. Read On The Fox News App Idaho Student Murders: Bryan Kohberger's Family Could Be Asked To Testify Against Him, Court Docs Reveal The episode also suggested that some of the information aired was nonpublic. According to the documents, the material was obtained from sources close to the investigation. Kohberger's attorneys also brought up concerns regarding an upcoming book on the case. They claim in the filing that the book's promotional blurb implies the information leaked to the Dateline crew was not the only incident. "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," it stated. Forensic expert and Jacksonville State University Professor Joseph Scott Morgan told Fox News Digital there's a risk that the TV episode on Kohberger will taint the jury pool. "I think the first place you have to look is the tainting of the pool, of the jury pool," Morgan said. "Progressively, it becomes more and more difficult because people form opinions, they put things out there that are not true, and you still have yet to pick a jury. And it's not like you're going to Manhattan. You're talking about Ada County, Idaho. You have a limited pool of potential jurors there."Original article source: Idaho murder suspect's lawyers demand trial postponement over 'prejudicial' TV special

Bryan Kohberger case leak could lead to excluded evidence, Idaho attorney warns
Bryan Kohberger case leak could lead to excluded evidence, Idaho attorney warns

Fox News

time21-05-2025

  • Fox News

Bryan Kohberger case leak could lead to excluded evidence, Idaho attorney warns

An Idaho-based lawyer said she thinks Judge Steven Hippler will "absolutely" hold prosecutors and law enforcement accountable after sensitive information about the Bryan Kohberger quadruple murder case was leaked. A TV episode about the murders of four University of Idaho students was aired on May 9 and featured new cellphone records, surveillance video, search records and more. Kohberger is accused of killing Xana Kernodle, 20, Kaylee Goncalves, 21, Madison Mogen, 21, and Ethan Chapin, 20. New information about the murders was shared during the May 9 NBC "Dateline" program, which included surveillance video from a nearby house. The surveillance video showed a car similar to Kohberger's that was in the area of the King Road house several times just before the four students were killed. The program also claimed that FBI cellphone tower data showed that Kohberger's cellphone pinged nearly a dozen times to a tower that provides coverage to an area within 100 feet of 1122 King Road, where he allegedly killed the four students. Edwina Elcox, a criminal defense attorney in Boise, Idaho, told Fox News Digital she thinks Hippler is taking the leak very seriously. "I think prosecutors/law enforcement will absolutely be held accountable," Elcox said, noting she has worked on cases with Hippler as the judge. Elcox said she "absolutely" thinks it's possible for evidence presented during the TV episode to be excluded in court. "Can you imagine if the remedy for this was all that evidence being excluded?" Elcox said. "I ABSOLUTELY think that is in the realm of remedies." "Not only should it never have happened under any circumstances, there was the gag order," she added. Hippler said Thursday in an order that the court's gag order was "likely" violated by someone who, at one point, was associated with either law enforcement or the prosecution team. Hippler ordered anyone who worked with either law enforcement or prosecutors on this case to retain all communications and data relating to the murder investigation. "Such violations not only undermine the rule of law, potentially by persons charged with upholding it, but also significantly impede the ability to seat an impartial jury and will likely substantially increase the cost to be borne by the taxpayers of Latah County to prosecute this case by extending the time it will take to seat a jury and potentially requiring lengthy period of juror sequestration," Hippler wrote. Hippler also said he's open to appointing a special prosecutor who'd investigate where the leak came from, but hasn't yet made a decision. He gave a seven-day deadline to prosecutors, who were ordered to submit a list, on camera, of all individuals within law enforcement and the prosecuting agencies that have access to the information shared during the episode. Idaho Statesman Investigative Reporter Kevin Fixler told Fox News' "America Reports" he was surprised when the "Dateline" episode aired. "I have been on this case since literally day one, and this was a surprise. A lot of this information that was released just two and a half months before trial. So we're trying to better understand where that came from," Fixler said. Forensic expert and Jacksonville State University Professor Joseph Scott Morgan told Fox News Digital there's a risk that the TV episode on Kohberger will taint the jury pool. "I think the first place you have to look is the tainting of the pool, of the jury pool," Morgan said. "Progressively, it becomes more and more difficult because people form opinions, they put things out there that are not true, and you still have yet to pick a jury. And it's not like you're going to Manhattan. You're talking about Ada County, Idaho. You have a limited pool of potential jurors there." "They need to find out who's inside that investigative bubble that would release all of this digital data because you're talking about a copious amount, not just a new video that we're seeing that had never been seen before," Morgan added. GET REAL-TIME UPDATES DIRECTLY ON THE TRUE CRIME HUB Morgan said the leak might have the biggest impact if Kohberger decides to file an appeal, after a jury hands down a decision. "Afterwards, if in fact [Kohberger] is found guilty, his attorneys are going to have a field day with stuff like this," he said. Former Assistant U.S. Attorney Neama Rahmani told Fox News Digital he doesn't think the leak will have much of an impact on the case. "People should follow court orders, but this is more bluster than anything and I don't think much will come of it. This is what happens when you have a very broad gag order and it takes 3.5 years to finally get a murder case to trial. It's not realistic to expect evidence not being leaked to the media for years in the biggest murder trial in the country," Rahmani said.

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