BOISE, Idaho — With jury selection less than six weeks away, the trial in the stabbing deaths of four university students in Idaho could be delayed again as defense attorneys argue they need more time to prepare and that intense publicity has threatened Bryan Kohberger’s right to a fair trial.
Judge Steven Hippler will hear arguments Wednesday on the request. He is also expected to consider, in a closed session, whether the defense can present evidence of possible alternate suspects.
Kohberger, 30, a former graduate student in criminal justice at nearby Washington State University, is charged with sneaking into into a rental home near the University of Idaho campus and fatally stabbing Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves on Nov. 13, 2022.
Kohberger stood silent at his arraignment, prompting a judge to enter a not guilty plea on his behalf. Prosecutors are seeking the death penalty.
Defense attorney Anne Taylor wrote in a motion last month that proceeding with an August trial date would violate Kohberger’s constitutional rights. She said the defense needs more time to review discovery, complete investigations and prepare mitigating evidence that could be presented if the case reaches the penalty phase.
Taylor emphasized that in a death penalty case, the jury must consider any factor from a defendant’s life history that might weigh against executing them. “This process is a comprehensive, time-consuming, and expensive undertaking,” she wrote, “but it is also what our Constitution demands when the government seeks to extinguish human life.”
Latah County prosecutors, led by Bill Thompson, argued against the defense team’s “eleventh-hour motion.” In a court filling this month, Thompson noted Kohberger has three defense attorneys, a public defender and a team of experts, investigators and a mitigation specialist.
He said the request for more time has “no end in sight” and that beginning the trial as scheduled wouldn’t violate his right to a mitigation case that passes constitutional muster.
The killings in Moscow, Idaho, drew worldwide attention almost immediately, prompting a judge to issue a sweeping gag order that bars attorneys, investigators and others from speaking publicly about the investigation or trial. The trial was moved to Boise to gather a larger jury pool and the judge has sealed many case documents.
It’s all being done to limit potential juror’s pretrial bias. Still, public interest remains high.
A recent Dateline episode included details that weren’t publicly released, and Hippler said the information appears to have come from law enforcement or someone close to the case.
That’s another reason to delay the trial, Kohberger’s attorneys have argued.
“The leaked materials appear carefully curated to promote a narrative of guilt,” Taylor wrote. That raises serious concerns about the objectivity of investigators, especially if the source of the leak could be called as a witness.
The defense has asked the judge to appoint a special investigator to identify the leaker, and prosecutors said they will cooperate. But Thompson argued that pretrial publicity alone is not reason enough to delay the case.
“The question of whether Defendant can receive a fair trial is not answered by the amount of and the nature of pretrial publicity,” he said. “Rather, it depends on whether a fair and impartial jury can be seated.”
He said anyone influenced by the coverage, including the Dateline episode, will be screened out during jury selection.
The attention isn’t likely to end soon. A book about the killings by James Patterson is set to be released in July. And a “docu-series” centered on the morning the deaths were discovered is expected to air on Amazon Prime next month, and includes interviews with some of the victims’ family members and friends.