Idaho student murders: Judge denies request to dismiss Bryan Kohberger indictment, allows continued use of cameras

Idaho student murders: Judge denies request to dismiss Bryan Kohberger indictment, allows continued use of cameras

October 27, 2023 09:46 AM

In a recent legal development, a district court judge rejected a motion to dismiss a grand jury indictment in the case of Bryan Kohberger, who stands accused of fatally stabbing four University of Idaho students last November.

Kohberger’s defense team argued during a hearing Thursday that a critical error occurred in the grand jury instructions, attempting to raise the grand jury’s standard of proof from “sufficient probable cause” to “beyond a reasonable doubt.”

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Judge John Judge of Idaho’s 2nd Judicial District in Latah County denied the motion, agreeing with prosecution that the burden of proof was properly met during Kohberger’s grand jury proceeding, which is settled law in Idaho.

The judge also said on Thursday that he’ll continue to allow cameras during hearings but that he’ll need more control over them.

“I’m not going to ban cameras in the courtroom, but I need more control over what cameras are doing and what media, not media is doing with the filming,” Judge said, according to attendees. “I know I can only control so much, and that’s why I continue to urge people to be patient and have some dignity and some restraint.”

Previously, lawyers for both the defense and prosecution have said that cameras should not be allowed in the courtroom, but the families of Kaylee Goncalves and Xana Kernodle, two of the four victims, have requested cameras to ensure accountability and transparency.

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Kohberger, 28, a criminology graduate student from Washington State University, is facing four counts of first-degree murder in connection with the deaths of Goncalves, Kernodle, Ethan Chapin, and Madison Mogen, all University of Idaho students. They were found murdered at a rental house near Moscow, Idaho, across the street from the University of Idaho campus, on Nov. 13, 2022, leaving the community devastated.

In May, Judge entered a not guilty plea on behalf of Kohberger after the defendant chose to stand silent rather than enter a plea himself. Kohberger has also waived his right to a speedy trial. Prosecutors are seeking the death penalty against Kohberger.

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