MOSCOW, Idaho — The man accused of murdering four University of Idaho students last November will appear in Latah County Court on Tuesday for a hearing related to his indictment.
Bryan Kohberger, the 28-year-old murder suspect, is requesting a stay of proceedings and the release of grand jury materials. Kohberger argues that obtaining the complete record of the grand jury proceedings is crucial for him to contest the indictment against him.
According to Cornell Law School, a stay of proceedings is a ruling by a court to stop or suspend a proceeding or trial temporarily or indefinitely.
Represented by attorney Anne C. Taylor, Kohberger has filed a reply in response to the State's argument that he is only entitled to an audio recording or a transcript of the proceedings and grand juror notes.
According to Idaho Criminal Law (ICR) 6.3.(c), "whatever was said or done in the grand jury proceedings" must be kept secret. Only members of the grand jury, supporting witnesses called by the prosecution and the prosecutor themselves can be present during the hearing.
Once the grand jury passes down an indictment, which finds that enough evidence exists to formally charge a suspect with the charges they are being accused of, it can be sealed by the court. While sealed, nobody is able to access the finding of the indictment, including the defense.
Kohberger said it's his legal right to challenge the grand jury indictment and insists on being granted access to all relevant materials necessary for his defense. He cited constitutional provisions, ICR's and Idaho Codes to support his contention that the release of the grand jury proceedings is essential to ensure a fair trial.
The defendant highlights several factors supporting his request, including extensive media coverage, the potential existence of evidence that could prove his innocence and the need to evaluate any errors or omissions in the grand jury process.
Kohberger proposes the imposition of a qualified protective order to maintain the sensitive nature of the records. Under this order, his defense team would have access to the materials while strictly adhering to confidentiality rules.
Kohberger, 28, is accused of murdering Ethan Chapin, Kaylee Goncalves, Xana Kernodle and Madison Mogen in their off-campus home on Nov. 13, 2022. He was arrested at his family's home in Pennsylvania on Dec. 30, 2022 and extradited back to Latah County shortly after.
Following his arrest, a grand jury indicted Kohberger on four counts of first-degree murder and one count of burglary. During his arraignment, when asked to enter a plea, Kohberger chose to remain silent, prompting the judge to enter a plea of not guilty on his behalf. He is currently in custody at the Latah County Jail awaiting trial, which is scheduled to begin on Oct. 2, 2023.
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