MOSCOW, Idaho — A grand jury in Idaho has indicted Bryan Kohberger, the man accused of murdering four University of Idaho students on all charges.
The news sparked a lot of questions online about what an indictment is and what happens next in the case. Our Verify team answers a few of the questions and claims.
No, there was not a secret trial
As news of the grand jury indictment broke, some people started making claims about a secret trial for Bryan Kohberger. Others implied that he was not getting a fair process.
This claim is not true. A grand jury does do its work in secret, but they do not decide guilt or innocence. The job of a grand jury is to only decide if there is enough evidence or probable cause to move forward with a trial.
"The grand jury system exists in the Constitution, it's in the Fifth Amendment. It's been around since 1776," said trial attorney Mo Hamoudi. "The strategic purpose of using a grand jury is that it provides secrecy. The preliminary hearing would have to be open to the public, and the public would have a right to be present, including the press. So what you have now is a secret proceeding, which involve members of the public, the grand jurors, and they got to hear evidence."
Idaho law requires the prosecution to prove there is enough evidence, either through a grand jury or a preliminary hearing.
No, there will not be a preliminary hearing in June
Viewers reached out to ask what the grand jury indictment means for a preliminary hearing that had been scheduled for June.
The hearing has been canceled, as the grand jury decision eliminates the need for a preliminary hearing.
"The difference between a preliminary hearing and a grand jury proceeding is that the judge finds probable cause in a preliminary hearing," Hamoudi said. "In a grand jury, it's 16 grand jurors who sit and listen to testimony and evidence and find probable cause to believe that the case should move forward."
Bryan Kohberger will now appear in court on Monday, May 22 at 9:00 a.m. where he will likely enter a plea.
Details about the grand jury work are secret
There are a lot of questions about the grand jury, including when they met and what evidence was presented to them.
We may not ever know the answers to those questions.
Idaho law requires "every member of the grand jury must keep secret whatever was said or done in the grand jury proceedings and the vote of each grand juror on a matter before them."
The judge also sealed the names of all witnesses who appeared.
Court documents show the grand jury presented the indictment to the judge on May 16, but do not reveal any other details about when they met or for how long.
Yes, the case remains in Latah County
As the case moves forward, there is a new judge who has been assigned. When Kohberger appears on Monday it will be before Judge John Judge.
However, the case remains in Latah County with Kohberger's arraignment scheduled for Monday at the Latah County Courthouse.
Will Kohberger face the death penalty?
The grand jury indictment does not answer any questions about whether Kohberger will face the death penalty if convicted.
The prosecutor has not yet filed to seek the death penalty but still could before the trial gets underway.
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