MOSCOW, Idaho — The man accused of murdering four University of Idaho students last November had a motion to stay proceedings indefinitely in his case denied by the judge in the case.
Newly filed documents show Kohberger requested the stay citing substantial failure to comply with selection procedures for a grand jury. An indefinite stay of proceedings was ultimately denied, but a Latah County judge did grant a 37-day stay to allow Kohberger and his defense to review the material from the grand jury.
Latah County prosecutors objected to Kohberger's request, and Kohberger filed a sworn statement of facts in support of the motion to stay proceedings.
However, Judge John C. Judge determined that the motion is premature since Kohberger has not yet reviewed the grand jury records, which were filed shortly after he was indicted for the four murders. Less than two weeks ago, the court agreed to release some of the grand jury material for the defense to review.
Despite this, the court determined that Kohberger and his defense have the right to review the materials from the grand jury, as well as the right to challenge the grand jury selection process.
The court ultimately denied Kohberger's request to stay proceedings. Due to the complexity of the case, however, the court did grant him time to review the grand jury materials and decide whether or not he wants to file a new motion to stay proceedings.
The court also acknowledged Kohberger's right to a speedy trial and ordered a stay in the running of the speedy trial clock until Aug. 1. This allows him 37 extra days to review the material without giving up his right to a speedy trial.
Judge said this motion does not affect any other aspect of the case or the scheduled start date of the trial. Kohberger's trial is still set to begin on Oct. 2, but could be moved if the defense decides those extra 37 days are necessary to prepare for trial.
Kohberger is accused of murdering University of Idaho students Ethan Chapin, Kaylee Goncalves, Xana Kernodle and Madison Mogen in their off-campus home last November. He was arrested at his parent's home in Pennsylvania on Dec. 30, 2022 and has been awaiting trial in the Latah County Jail since early January.
Since his arrest, Kohberger has been indicted by a grand jury and chose to stand silent at his arraignment, meaning a not guilty plea was entered on his behalf. On June 26, the state announced they intend to seek the death penalty against Kohberger.
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