BOISE (Statesman of Idaho) At a hearing Wednesday, just six weeks before jury selection is scheduled to start, the judge presiding over the high-profile case postponed a decision on whether to postpone the murder trial of Bryan Kohberger, the suspect in the University of Idaho student killings.
Steven Hippler, the case’s presiding judge, stated at the conclusion of a half-hour public hearing at the Ada County Courthouse that it is likely the 30-year-old defendant will go to trial on time later this summer.
“I urge everyone to proceed as though the trial will happen on the scheduled date,” he said. Once more, I retain the ability to write down my final decision. As of right now, though, I would say that you are probably going to go to trial on the specified day.
Following the recent release of previously undisclosed case details in an episode of NBC’s Dateline, which was the consequence of likely violations of the court’s gag order, Hippler, of Idaho’s 4th Judicial District, stated that he would issue a written decision in short order on the defense’s request to postpone Kohberger’s trial. Additionally, the defense contended that before launching his defense, they lacked sufficient time to examine all of the material that had been obtained via the legal process of discovery.
In court on Wednesday, Kohberger’s principal lawyer, Anne Taylor, stated that the motion to postpone the much awaited trial was required to safeguard her client’s fundamental rights. She went on to say that the defense’s request is not surprising because they have faced challenges during the two-year court proceedings.
Taylor stated, “We are not ready to go to trial in this case.” We haven’t had time to go over the entire discovery because it’s so big.
She told Hippler that it typically takes three years to finish a capital murder case, but that her client’s case was handled far too quickly. That only applied to federal capital prosecutions, not state-level ones, the judge remarked.
Hippler answered in federal court, which, even on its best days, moves slowly.
It took years for two other significant trials in Idaho to go to trial, both of which were held at the Ada County Courthouse.
Despite avoiding the death penalty, Lori Vallow Daybell, who was found guilty in 2023 of killing two of her children, was not put on trial until three years after her arrest. After his case was transferred to Boise, which was unable to manage both cases concurrently, her husband, Chad Daybell, didn’t go to trial until the next year, for a total of four years. He was given the death penalty after being found guilty of similar offenses as well as the murder of his ex-wife.
Kohberger case publicity scrutinized over possible delay
In November 2022, Kohberger is accused of fatally stabbing four undergraduate students at a Moscow off-campus residence. At the time, Kohberger was a Ph.D. candidate in criminology and criminal justice at Washington State University, located in Pullman, Washington, just over the Idaho state boundary, approximately 10 miles to the west.
The victims were freshman Ethan Chapin, 20, junior Xana Kernodle, 20, and seniors Madison Mogen and Kaylee Goncalves, all 21. Two female roommates who were physically unhurt in the early Sunday morning attack shared the Moscow residence with the three women. Chapin, Kernodle’s lover, spent the night with her.
Kohberger is charged with one count of felony burglary and four charges of first-degree murder. Jury selection for his capital murder trial is set to start in late July and continue through November.
Prosecutors plan to pursue the death penalty if Kohberger is found guilty by a jury during the trial. Since Kohberger was arrested in Pennsylvania in late December 2022 after a seven-week homicide investigation that involved several states and the federal government, his defense team has insisted on his client’s innocence.
Taylor also cited the extensive media coverage of Kohberger’s widely followed case as justification for the delay. She specifically raised the Dateline issue and said that the information breach wasn’t an isolated incident.
“This court has an obligation to ensure that Mr. Kohberger is given a fair trial,” she told Hippler, adding that a continuance might be the wisest course of action for the court to safeguard Mr. Kohberger.
However, prosecutor Josh Hurwit, a former U.S. Attorney for Idaho, cautioned against a perpetual continuance, stating such a delay leaves the state vulnerable to the whims of the media. Hurwit contended that the defense has had ample time to prepare and doesn’t need to know every detail about their client in order to make a compelling case.
Hurwit informed the court that the prosecution was surprised by the delay so late in the proceedings before the trial. Hurwit continued, “The defense has now turned to try to get the trial pushed back after failing to get the death penalty off the table.”
Hurwit stated that a scorched-earth study is not necessary. The court need to use its authority to reject the motion.
Closed hearing on alternate perpetrator legal defense
A closed-door hearing on the defense’s attempt to provide evidence of a different offender at trial was also heard by Hippler on Wednesday. According to Kohberger’s lawyers, they received a tip during their discovery review and have provided evidence that the person or people in question are the true criminals, not Kohberger. The prosecution’s challenges to that trial defense, along with those legal documents, have all been placed under seal.
Hippler, who assumed responsibility for the case in September after it was transferred from Moscow to Boise, six hours south, is anticipated to issue a written ruling on the matter later. He had earlier asked the court if the defense had satisfied the legal requirements for the alternate suspect theory—rather than merely accusations—to be admitted.
Hippler’s decision to designate a special prosecutor to look into the alleged violations of the gag order was not discussed during the public hearing on Wednesday. Following the Dateline segment, the court last month urged the defense to formally request the probe. A public record of case documents revealed sealed briefs that appeared to indicate that the request was made, and the prosecution replied.
In the upcoming days and weeks, Hipper is anticipated to make decisions on all of the legal issues.
