Bryan Kohberger looks set to suffer a major blow in the fight for his life after an Idaho judge said he would ‘likely’ deny the 11th-hour bid to delay his capital murder trial.
In one of two critical hearings held in Ada County courthouse Wednesday, Judge Steven Hippler heard arguments over the accused mass killer’s request to postpone proceedings, based on his claims that a recent Dateline episode and other publicity had thwarted his right to a fair trial.
While Hippler said he would ‘take the matter under advisement’ and issue a written order at a later date, he revealed his skepticism for the defense’s argument.
Hippler told both sides he would ‘fully encourage everyone to continue as if the trial is going to take place when it is scheduled for.’
‘I would tell you it’s likely you’re going to trial on the date indicated,’ he said.
Now, following more than two years of legal wrangling, delays and the trial being moved to another county, it appears likely that Kohberger is finally heading to trial this summer.
Jury selection is currently slated for late July through to early August while opening statements will begin August 11.
Kohberger is accused of killing Xana Kernodle, Ethan Chapin, Kaylee Goncalves and Madison Mogen in a stabbing rampage inside an off-campus student home in Moscow, Idaho, on November 13, 2022.
Two other roommates were inside the home at the time of the attack and called 911 after finding one of their friend’s bodies hours later.
The motive for the murders remains a mystery and Kohberger has no known connection to any of the victims.
If convicted, he faces the death penalty which, due to changes in Idaho law, means he could be sent to the firing squad.
With the trial looming, Kohberger’s legal team has been making a series of last-ditch efforts to shape the defense strategy – and seeking to upend proceedings altogether.
As well as ruling on a potential delay to the trial, Hippler is also set to make a second critical ruling that will have a major impact on the defense’s case.
Following the first hearing – which was public – a second hearing is now being held behind closed doors on the matter of alternate suspects in the case.
The defense says it has found evidence of an individual or individuals they claim could be the real killer and wants to present this evidence to jurors at trial.
The lead was found among a trove of tips collected by law enforcement during the original investigation, Kohberger’s lead attorney Anne Taylor said back in May.
The name of that individual or individuals and what evidence the defense has that could tie them to the brutal murders remains a mystery with all filings – and Wednesday’s hearing – on the matter sealed.
Experts told the Daily Mail it could have a ‘significant impact’ on the outcome of the trial if jurors are able to hear testimony pointing to another potential suspect –providing a powerful story to counter the more technical prosecution case based on DNA evidence and data.
It is not clear when the judge will hand down a ruling.
During the hearing about a potential delay, Taylor argued that a delay is ‘necessary’ in order to protect Kohberger’s rights to due process, to a fair trial, to effective assistance of counsel and, if convicted, to a fair sentencing hearing.
Taylor also told the judge that, over the course of the two-and-half-years that the defense has been preparing for the trial, there have been ongoing ‘challenges’ with discovery.
She told the judge that the state had handed over a ‘huge’ 68 terabytes of information – and that the defense had received evidence from the prosecution as recently as this week.
The defense has not been able to review all the evidence and is ‘not ready’ to go to trial, she said.
Taylor argued that the team also needs more time to investigate Kohberger’s ‘life story’ including his ‘background, character and circumstances’ ahead of the potential penalty phase – where they will argue mitigating factors to save him from the death penalty.
In pushing for a delay, the defense attorney also cited a recent Dateline episode that revealed bombshell new details and suggested there had been an evidence leak in the case.
‘The Dateline episode wasn’t just a longtime deal back in the day,’ Taylor said.
‘That continues to be talked about.’
Taylor added: ‘That’s not all.’
Other upcoming media – James Patterson’s book ‘The Idaho Four: An American Tragedy’ and Prime Video’s ‘One Night in Idaho,’ both out in July – will trigger another wave of media coverage just before jury selection gets underway, she added.
Taylor argued that coverage of the book and docuseries will be widespread on TV and social media – and that some involve trial witnesses – as she urged the judge to ‘allow some space between what has recently happened in the media.’
The prosecution pushed back, telling the judge that, while the Dateline episode does ‘pose challenges’ to the trial, Kohberger will be able to get a fair trial by seating an impartial jury in the jury selection process.
Prosecutor Joshua Hurwit argued that a delay ‘puts us at the whim of the media’ and would lead to postponements ‘every time there is a new book or documentary.’
He also pointed out that the defense had not proposed a new date, voicing concerns about what he called ‘perpetual continuance.’
The state argued that Kohberger’s team has had plenty of time to prepare for the trial – coming more than two years after his arrest on December 30 2022 and indictment in May 2023.
When Taylor argued that the two-plus-years timeframe between Kohberger’s May 2023 indictment and August 2025 trial is actually shorter than most death penalty cases, the judge interjected.
Hippler pointed out that she is comparing the case to federal court, which he said ‘moves at snail pace.’
The Goncalves family welcomed the judge’s comments indicating that the trial will ‘likely’ go ahead as planned in August, having already waited more than two years since their daughter was murdered to get their day in court.
A post on the family Facebook page shared the judge’s quote along with the hashtag #August11.
‘I pray with all my heart that the trial does not get delayed. My head is spinning that it’s even a possibility!’ the family wrote ahead of the hearing.
The Dateline episode at the heart of the fight for a delay revealed explosive new details about the case, including 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 crime scene moments after the murders.
Its release of never-before-seen evidence rattled proceedings with the judge saying it showed someone close to the case had ‘likely’ violated a gag order that has been in place since the early days.
Hippler launched an investigation into the leak and ordered both sides to preserve and hand over records, vowing to root out the source of the leak.
New court records show that Kohberger’s defense is now asking for a special prosecutor to be appointed to investigate the apparent leak.
Prosecutors have responded to this request but the records remain under seal.
Kohberger has been behind bars since his arrest at his parents’ home in Albrightsville, Pennsylvania, on December 30, 2022.
The criminology PhD graduate was connected to the murders after his DNA was found on a Ka-Bar leather knife sheath found next to Mogen’s body 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 white Hyundai Elantra speeding away from the crime scene.
One of the surviving roommates – Dylan Mortensen – also saw a masked white man, dressed in all black and with ‘bushy eyebrows’ inside the home that fateful night.
She is expected to be a star witness in the trial.
It has now emerged that the DoorDash driver who delivered food to Kernodle minutes before the murders also told police she ‘saw Bryan’ outside the house that night.
The unidentified 44-year-old woman is also expecting to testify at the trial, she told police during a traffic stop in Pullman, Washington, last year.
Kohberger stood silent at his arraignment, with a judge entering a not guilty plea on his behalf.