Idaho prosecutors want a summer trial for accused murderer Bryan Kohberger to avoid the University of Idaho being in session during the six-week-long trial.
Prosecutors filed a motion on Thursday demanding the trial, expected to last six weeks, be set clear of the academic calendar for colleges and high schools near the courthouse.
The filing came a week after Kohberger’s defense team visited the scene where he is accused of killing four university students. The off-campus house in Moscow, Idaho, is planned for demolition on December 28.
Earlier this week, Judge John C. Judge denied a second motion to dismiss the case against Kohberger.
A judge entered a not-guilty plea on Kohberger’s behalf to four counts of first-degree murder for the November 2022 deaths of the four students.
Idaho prosecutors leading the case against Bryan Kohberger, who allegedly murdered four people, are requesting the trial be scheduled for the summer of 2024 to avoid students being around
The filing came a week after Kohberger’s defense team visited the scene where he is accused of killing four university students. The off-campus house in Moscow , Idaho, is planned for demolition on December 28
The former criminology PhD student is accused of fatally stabbing Kaylee Goncalves, 21, Maddie Mogen, 21, Xana Kernodle, 20, and Ethan Chapin , 20, on November 13, 2022. Victims (L-R) Kaylee Goncalves, Madison Mogen (on Kaylee’s shoulders), Ethan Chapin and Xana Kernodle
The former criminology PhD student is accused of fatally stabbing Kaylee Goncalves, 21, Maddie Mogen, 21, Xana Kernodle, 20, and Ethan Chapin , 20, on November 13, 2022
‘The State proposes that the Court schedule trial for the summer of 2024, and that the trial dates avoid times when Moscow High School and our area universities are in session,’ prosecutors wrote in a motion.
They noted the close proximity of the high school and other universities to the courthouse and the expected media presence during the trial for requesting a summer date.
‘It is not infrequent for area lodging to become unavailable due to university-related activities such as sporting events, graduation, etc.,’ the filing reads.
Prosecutors also requested the trial to be scheduled from 8.30am to 3pm, saying it’s ‘appropriate to afford jurors some amount of time to tend to their personal affairs.’
‘Having more time in the afternoon allows for better preparation by the parties and allows for reasonable opportunities and time for the Court and counsel to address any motions,’ prosecutors said,
Prosecutors also said Kohberger’s lawyers have had enough opportunity to offer an alibi and asked the court to consider the matter addressed.
‘The State submits the opportunity for the Defendant to disclose an alibi and notify the State of the same has passed and asks that the Court not reopen this issue.’
Kohberger waived his right to a speedy trial, delaying proceedings indefinitely and allowing feds the time to undergo the recreation
The house is expected to be demolished on December 28, as relatives and experts warned evidence could be lost, and demanded that jurors see a murder scene left ‘dripping in blood’
Investigators have already constructed the physical recreation of the house when it had been inhabited by the victims (seen with floor plan)
The motion was filed a week after the defense team for Kohberger visited the off-campus three-story rental house where he allegedly committed the murders.
The house is expected to be demolished on December 28, as relatives and experts warned evidence could be lost, and demanded that jurors to see a murder scene left ‘dripping in blood’.
Investigators allege Kohberger broke into the students’ home at around 4am, fatally stabbing Kernodle and her boyfriend, Ethan Chapin, 20, as the couple slept on the second floor.
They also found DNA they believe is his on a knife sheath in the third-floor bedroom where Kaylee Goncalves, 21, and Maddie Mogen, 21, were found dead.
The rental was gifted by its owner to the college in the aftermath of the killings and its president Scott Green has insisted on the need to tear it down, branding it a ‘grim reminder of the heinous act that took place there’.
‘While we appreciate the emotional connection some family members of the victims may have to this house, it is time for its removal and to allow the collective healing of our community to continue,’ he said.
The college plans to create a memorial garden designed by its own architecture students in its place, but experts have backed the families’ concerns.
‘Being able to visit the crime scene in certain cases is extremely important,’ said local defense attorney Edwina Elcox whose clients have included Idaho ‘cult mom’ killer Lori Vallow.
‘Video and pictures can help, but may not accurately depict the scene in the way an in-person visit can do,’ she told Fox News.
‘The house should be preserved until the trial concludes or Kohberger pleads guilty.’
‘I don’t see why the house needs to be demolished before the trial,’ added retired NYPD Sergeant Joseph Giacalone, now an adjunct professor at the John Jay College of Criminal Justice.
‘I understand the school wants to ‘move on,’ but walking the jury through the crime scene when you have it is important to give them a perspective that photos just can’t do.’
Kohberger was arrested some 2,300 miles from the crime scene in Pennsylvania. He was attending college in nearby Washington State
Kohberger, meanwhile, has maintained his innocence in the case, and due to a sprawling gag order, few details have emerged
Earlier this week, Judge John C. Judge denied a second motion to dismiss the case against Kohberger after denying a motion arguing inaccurate instructions were given to the grand jury in October.
‘Kohbegher has failed to successfully challenge the indictment on the grounds of juror bias, lack of sufficient admissible evidence, or prosecutorial misconduct,’ the filing from the District Court of the Second Judicial District of Idaho reads.
‘Kohberger was indicted by an impartial grand jury who had sufficient admissible evidence to find probable cause to believe Kohberger committed the crimes alleged by the State,’ it continues.
‘Further, the State did not engage in prosecutorial misconduct in presenting their case to the jury.’
In October, the defense and prosecution attended a closed hearing in October, and the defense argued prosecutors failed to comply fully with Title 2 of the Idaho code – which pertains to jury selection and service.
Judge, at the time, signaled he would deny the dismissal request, and Friday’s written ruling was him making good on that claim.
‘The arguments from the defense for “beyond reasonable doubt” standard for the grand jury were historically interesting and creative, but do not overturn Idaho courts’ interpretation of the statute, the case law, and the Criminal Rules,’ he wrote.
Kohberger could face the death penalty if convicted when his case comes to trial
The manner in which the killer navigated the three-story home to kill the four students – who were sleeping in separate rooms and floors – in the early hours of a November morning has raised questions about his motives
The ruling comes as Kohberger’s defense team, led by Kootenai County Chief Public Defender Anne Taylor, continues to say the grand jury indictment should be dismissed, questioning standards used in Idaho state for the last century.
The defense previously revealed they would be contesting the notion that Kohberger’s DNA was left at the scene on the knife sheath, and also argue DNA from three other unidentified men was also found at the Idaho crime scene.
They are also demanding more information on how the FBI used the DNA to create family trees that led them to Kohberger and his father, for an early-morning arrest in Pennsylvania almost a year ago to the day.
Prosecutors maintain the killer left the military knife sheath behind and it was found next to one of the victims on the third floor of the student home.
Kohberger, a PhD criminology student at nearby Washington State University, was arrested during a raid on his parents’ home in Poconos Mountains, Pennsylvania, on December 30.
The trial was originally schedule on October 2 this year but was indefinitely delayed after Kohberger waived his right to a speedy trial.