MOSCOW, Idaho — A transcript and record of grand jury proceedings that led up to the indictment of Bryan Kohberger will be released to the defense and prosecution, as well as investigators and experts involved in the case. A Latah County District Court judge filed a court order Wednesday outlining the material to be prepared and released, and to whom it may be provided.
Kohberger is charged with four counts of first-degree murder and one count of burglary in connection with the stabbing deaths of four University of Idaho students on Nov. 13, 2022, in a house on King Road near campus. A Latah County grand jury returned an indictment against Kohberger on May 16. His trial is currently set to begin on Oct. 2, 2023, and the prosecutor has notified the court that the state intends to seek the death penalty if Kohberger is found guilty.
The indictment available on the public record is redacted, meaning some information, including the names of the people who served on the grand jury, was taken out of the document before it was released.
Kohberger's defense plans to challenge the indictment, and has been trying to obtain all information on the grand jury proceedings. The state has argued that at least some of the material should remain sealed. In a hearing in district court on Tuesday, the issue was not resolved, but the two sides reached an agreement out of court regarding the material.
In his order for preparation of grand jury materials, Latah County District Judge John Judge states that the defense and the state may obtain a copy of the grand jury transcript and record, including the items listed on a separate exhibit. However, that exhibit is under seal, not released to the public, in order to protect confidential grand jury information. Grand jury deliberations also will not be included in the transcript that will be provided.
The court is allowing defense attorneys to share portions of the grand jury records and transcripts with its investigators and "retained experts," who will not be allowed to disclose any grand jury material to anyone else. The court is also allowing select portions of the grand jury record and transcript to be shared with any witnesses who testified in the grand jury proceedings, but for each witness, only the portion of the redacted version of the transcript that contains the witness' own testimony will be provided to that witness.
Under Idaho criminal rules, grand jury proceedings, including jury selection, are conducted in private, closed sessions. The purpose of a grand jury, in serious felony cases, is to determine if there is enough evidence to warrant charges and possibly send a case to trial. But this panel of citizen jurors is not be confused with the type of jury that is impaneled to hear testimony in the actual trial and then render a verdict.
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