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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​

time29-05-2025

  • 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.

Attorneys for Bryan Kohberger ask for trial delay, citing in part publicity around the case
Attorneys for Bryan Kohberger ask for trial delay, citing in part publicity around the case

Associated Press

time22-05-2025

  • Associated Press

Attorneys for Bryan Kohberger ask for trial delay, citing in part publicity around the case

BOISE, Idaho (AP) — Attorneys for a man accused of killing four University of Idaho students have asked that his trial be delayed, citing in part a recent NBC 'Dateline' special that they called prejudicial toward Bryan Kohberger and a need for additional time to prepare his defense. The filing dated Tuesday said moving forward with an August trial would infringe upon Kohberger's constitutional rights. It said attorneys need more time to review discovery, complete investigations and prepare for trial. There was no immediate ruling on the request, which comes days after the judge overseeing the case, Fourth District Judge Steven Hippler, said he wanted to identify anyone who may have violated a gag order by leaking information from the investigation to news organizations or anyone else not directly involved with the case. Hippler last week ordered prosecutors and defense attorneys to provide a list of everyone who might have had access to the previously unreported information about Kohberger's internet search history and other details that were featured in the 'Dateline' episode that aired May 9. Kohberger's attorneys raised concerns about the special and an upcoming book on the case set for release in mid-July. Their filing states the blurb for the book 'suggests that the apparent Dateline leak was not the only violation of this Court's non-dissemination order.' '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 filing said. Kohberger, 30, a former graduate student in criminal justice at Washington State University, is charged in the stabbing deaths of University of Idaho students Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves. The four were found dead in a rental home near campus in Moscow, Idaho, on Nov. 13, 2022. A not-guilty plea was entered on Kohberger's behalf. Prosecutors have said they intend to seek the death penalty if he is convicted.

Attorneys for Bryan Kohberger ask for trial delay, citing in part publicity around the case
Attorneys for Bryan Kohberger ask for trial delay, citing in part publicity around the case

The Independent

time22-05-2025

  • The Independent

Attorneys for Bryan Kohberger ask for trial delay, citing in part publicity around the case

Attorneys for a man accused of killing four University of Idaho students have asked that his trial be delayed, citing in part a recent NBC 'Dateline' special that they called prejudicial toward Bryan Kohberger and a need for additional time to prepare his defense. The filing dated Tuesday said moving forward with an August trial would infringe upon Kohberger's constitutional rights. It said attorneys need more time to review discovery, complete investigations and prepare for trial. There was no immediate ruling on the request, which comes days after the judge overseeing the case, Fourth District Judge Steven Hippler, said he wanted to identify anyone who may have violated a gag order by leaking information from the investigation to news organizations or anyone else not directly involved with the case. Hippler last week ordered prosecutors and defense attorneys to provide a list of everyone who might have had access to the previously unreported information about Kohberger's internet search history and other details that were featured in the 'Dateline' episode that aired May 9. Kohberger's attorneys raised concerns about the special and an upcoming book on the case set for release in mid-July. Their filing states the blurb for the book 'suggests that the apparent Dateline leak was not the only violation of this Court's non-dissemination order.' '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 filing said. Kohberger, 30, a former graduate student in criminal justice at Washington State University, is charged in the stabbing deaths of University of Idaho students Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves. The four were found dead in a rental home near campus in Moscow, Idaho, on Nov. 13, 2022. A not-guilty plea was entered on Kohberger's behalf. Prosecutors have said they intend to seek the death penalty if he is convicted.

Judge in Bryan Kohberger trial wants to know who leaked information about Idaho student murders investigation
Judge in Bryan Kohberger trial wants to know who leaked information about Idaho student murders investigation

CBS News

time16-05-2025

  • CBS News

Judge in Bryan Kohberger trial wants to know who leaked information about Idaho student murders investigation

The judge overseeing Bryan Kohberger's upcoming quadruple-murder trial says he wants to identify anyone who may have violated a gag order by leaking information from the investigation to news organizations or anyone else not directly involved with the case. Fourth District Judge Steven Hippler ordered prosecutors and defense attorneys on Wednesday to give him a list of everyone - including staffers, law enforcement officers and defense consultants - who might have had access to the previously unreported information about Kohberger's internet search history and other details that were featured in an NBC "Dateline" episode that aired May 9. The judge said he would be open to appointing a special prosecutor to track down the leak, which likely violated a gag order that has been in place since 2023. Kohberger, 30, a former graduate student in criminal justice at nearby Washington State University, is charged in the stabbing deaths of University of Idaho students Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves. The four were found dead in a rental home near campus in Moscow, Idaho, on Nov. 13, 2022. A not-guilty plea was entered on his behalf, and the trial is expected to start in August. Prosecutors have said they intend to seek the death penalty if Kohberger is convicted. Hippler wrote in court documents that it appeared likely that someone associated with law enforcement or the prosecution team violated the court's gag order. The leak will potentially make it harder to seat an impartial jury, drawing out an already long and complicated court case and costing taxpayers more money, Hippler wrote. "Importantly such violations potentially frustrate the ability to ensure both sides receive a fair trial," he wrote. "Accordingly, the Court finds it is imperative to attempt to see that the source of such leak is identified and held to account." Hippler also ordered everyone who has worked directly or indirectly on the case to keep all records of any communications they have had with journalists or other people outside of law enforcement about Kohberger or the investigation into the killings. Hippler appeared to have discussed the matter with prosecutors and defense attorneys during a closed portion of Wednesday's pretrial hearing. But he also referenced the "Dateline" episode and the possible gag order violation during open portions of the hearing - at one point remarking that after the day the episode aired he decided to impanel additional alternate jurors for the trial. Digital data and documents obtained by "Dateline" tracked Kohberger's movements before and after the four students were killed as well as his browsing history. Later Hippler told the attorneys he expected them to file a formal request to have the matter investigated. Last week, Hippler ruled that Kohberger's immediate family members will be allowed to attend his upcoming trial, even if they might be called to testify. Hippler previously ruled that family members of the victims may attend the trial. Steve Goncalves, whose daughter was killed, attended a hearing with his wife in early April where attorneys debated what could be presented during Kohberger's trial. Steve Goncalves told "48 Hours" last year that "there's evidence to show that she awakened and tried to get out of that situation," saying "she was trapped" based on the way the bed was set up.

Kohberger trial thrown into jeopardy as judge cites major violation that could prevent an impartial jury
Kohberger trial thrown into jeopardy as judge cites major violation that could prevent an impartial jury

Daily Mail​

time16-05-2025

  • Daily Mail​

Kohberger trial thrown into jeopardy as judge cites major violation that could prevent an impartial jury

's trial has been thrown into disarray as the judge reveals someone with intimate knowledge of the case has leaked sensitive details to the press. The breach could make it harder to find impartial jurors for Kohberger's August trial over the alleged quadruple homicide of four University of Idaho students back in November 2022. The case has been plagued by setbacks as defense team scrambled to have evidence thrown out, the death penalty ruled out and, most recently, point the finger at another potential suspect. But now, Judge Steven Hippler has issued an extraordinary rebuke, revealing 'sensitive information not previously publicly circulated' had been leaked to Dateline. 'It appears likely that someone currently or formally associated with law enforcement, or the prosecution team, violated this Court's non-dissemination order,' he wrote in a new filing released Thursday. Certain facts of the case have been withheld from the public to preserve the integrity of the investigation. Kohberger is facing the death penalty if convicted of the brutal murders of Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin. Two other housemates, Dylan Mortensen and Bethany Funke, survived. '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.' Judge Hippler warned the offenders' actions have likely 'substantially increased the cost to be borne by the taxpayers' because it will now likely take longer to find jurors. Jury selection will take place behind closed doors on July 30. But the process of selecting an impartial jury is made substantially more difficult on high profile cases which deeply impacted the community, like this one. An investigation will take place to track down the leaker, and Judge Hippler put every single official with a connection to the case on high alert in his memo. 'All persons who at any time, past or present, worked directly or indirectly [on this case]... are hereby prohibited from deleting, discarding, overwriting, destroying, altering or otherwise making unavailable any... records, files, documents, metadata, messages, emails, text messages, direct or private messages, phone logs or logs of communications,' he ruled. He went on to specify that this order must be adhered to regardless of whether the information was stored on a work owned or personal device. Any contact that officials have had with media companies, friends or relatives outside of their colleagues which related to Kohberger or the facts of the case against him must be stored. 'All such Documents or materials or records that could potentially constitute a Document - even if it is uncertain whether such meet that criteria shall be preserved and must be protected from deletion, alteration or loss until further order of the Court. 'Any feature on any device or account that is set to automatically delete or overwrite information that could be covered by this Order must immediately be disabled.' Judge Hippler went on to order authorities to hand over to the court a list of 'all individuals within law enforcement and prosecuting agencies, past or present, who are known to have had access to any facts related to the investigation.' He is particularly interested in learning who had access to surveillance videos of Kohberger, AT&T records of his phone, the content of his phone and social media accounts. Beyond that, Judge Hippler is seeking the names of any person who was aware of Kohberger's internet search history, photographs or details of his Amazon account. These specifications are in direct response to the exclusive details aired on a recent Dateline episode studying the case. The program revealed the criminology PhD student called his dad Michael Kohberge r three times on the morning of November 13, 2022, just two hours after the slayings. According to Dateline, Kohberger made several searches around serial killer Ted Bundy - who was put to death for a string of murders including the killings of female students in a sorority house in Florida. In the days after the murders, Kohberger - on multiple occasions - then also allegedly watched shows about the serial killer. He also searched and listened to the Britney Spears' song Criminal. Other online searches after the murders show the suspect was researching the killings - as well as his own name, the show reported. Dateline also reported that the intended target of the attack was believed to be Mogan, and that it took the killer by surprise to find her best friend, Kernodle, sharing her bed. Judge Hippler warned that if he does not receive the information he has requested, he could find the person responsible to be in contempt of court, and they could face criminal consequences. 'Within seven days the State must also provide to the Court a written plan designed to address and prevent the future unauthorized disclosure of information related to this case,' he wrote. He also wants to know 'what it has done, or proposes to do, to identify any violations ofthe Court's non-dissemination orders previously entered in this case, and those responsible for such violations.'

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