Analysis: Moscow murders review: What now?

Sep. 5—A lot of changes have occurred in recent months during the ongoing Moscow quadruple murder case involving suspect Bryan Kohberger.

While community members wait for some kind of closure, there are unresolved issues that need to be addressed and questions that need to be answered.

Here are some of those questions as well as a recap of the recent developments in the case.

A trial date had been set for Oct. 2. What happened to that?

Idaho law requires a defendant has a right to a trial within six months of their arraignment if indicted. Oct. 2 was the target date.

Then, on Aug. 23, Kohberger and his attorney Anne Taylor informed Latah County District Judge John Judge that he was waiving his right to a speedy trial.

Faced with a tight deadline to prepare for a complicated trial with the death penalty at stake, Taylor told Judge that delaying the trial will ensure Kohberger receives more effective counsel.

When will the trial of Bryan Kohberger begin?

It is hard to say but previous murder cases suggest it will take some time.

A recent death penalty case involving a double homicide in Grangeville illustrates how long these proceedings can last. Richard Ross is charged with the first-degree murders of 76-year-old Edwina "Eddy" Devin and her 57-year-old son, Michael Devin, at their Grangeville home on Sept. 30, 2021.

He was arrested on Oct. 31, 2021. Ross' trial is currently scheduled for Jan. 16, 2024.

The most recent hearing in that case took place Aug. 14 when Second District Judge Mark Monson heard 16 motions, including one from Ross' attorneys to rule out the death penalty. Incidentally, his attorneys are Anne Taylor and Jay Logsdon, the same attorneys representing Kohberger.

Charles Capone was convicted for the 2010 murder of his estranged wife, Rachael Anderson, in Moscow. His trial did not take place until September 2014, though that was a complicated case involving a missing body and cover-up scheme with his friend David Stone.

Convicted Moscow murderer John Lee did not go to trial and it still took more than a year before he accepted a plea deal in March 2016 for the Jan. 10, 2015, shootings that left three people dead.

Will the trial take place in Latah County?

That depends on how concerned the judge is about a biased jury. It is a possibility given the intense media coverage of the Kohberger case.

In the Ross case, Logsdon asked for a change of venue to avoid a biased jury because of media coverage.

The 2018 trial for Lewiston murder suspect Patrick Nuxoll was moved from Nez Perce County to Latah County after a majority of jurors were found to have a bias toward the case.

What matters need to be settled before the trial begins?

First, there is the grand jury indictment.

Kohberger was indicted during a private grand jury proceeding in May, which led to his arraignment. Kohberger chose to stand silent rather than enter a plea during his arraignment. Judge entered a not guilty plea on his behalf.

Kohberger's attorneys are working to get the indictment dismissed based on what they see as errors in the jury selection process, as well as the standard of proof required for an indictment.

In court filings, they argue the grand jury was required to find the suspect guilty beyond a reasonable doubt to justify an indictment. Latah County Prosecutor Bill Thompson argued they only needed to determine probable cause.

Kohberger's team also believe the jury was not selected from a big enough pool of candidates and there were irregularities with the juror questionnaires.

A hearing on this matter is scheduled for Sept. 22.

Additionally, evidence, witnesses and exhibits are being prepared ahead of the trial. More motions will likely be introduced, including motions regarding the death penalty.

There is still some debate regarding how much evidence has been disclosed. On Aug. 18, the defense argued there is still DNA evidence that needs to be disclosed, including other male DNA evidence found at the King Road home. Thompson argued that his office has already disclosed everything the laboratory and the FBI have given to his team. Thompson said everything he heard from the defense about missing evidence is speculation.

Judge previously ordered all discovery to be completed by Sept. 1, but with the trial postponed, it is unclear how that will affect this deadline.

There is also the matter of his alibi.

What is known about a possible alibi for Kohberger on the night of the murders?

Kohberger was driving alone in the evening hours of Nov. 12 and the early morning hours of Nov. 13.

According to Taylor, that is all the information they have. He has not offered any witnesses who can corroborate when and where he was during the time of the murder. Taylor stated more information might come out in testimony during the trial.

If there are witnesses, the court must have their names and addresses before the trial.

What is the status of cameras in the courtroom?

This is an ongoing debate. Kohberger's team claims the media's cameras have created a prejudice that impedes his right to a fair trial. It made a motion asking Judge to ban cameras from future court proceedings.

In a recent court filing, attorney Jay Logsdon argued the media has failed the court's directive to cease focusing its cameras exclusively on Kohberger.

Logsdon wrote that the Kohberger case comes with a risk of prejudice. The videos and photos from court proceedings "gradually poison the potential jury pool." The photos, he says, are attached to articles "with blatantly sensationalistic and prejudicial headlines and content ..."

A coalition of media outlets represented by attorney Wendy Olson wants to challenge Kohberger's motion.

In a motion filed Wednesday, Olson argued the Idaho Supreme Court made it clear that the media's presence is appropriate on a limited basis to defend the public's right to access and free speech.

Judge scheduled a Sept. 13 hearing to discuss this matter.

What is the status of the media's challenge of the gag order associated with this case?

This is another example of the delicate balance between the First and Sixth amendments.

In January, a gag order signed by Magistrate Judge Megan Marshall prohibited attorneys and law enforcement involved in the case from speaking publicly about the trial.

A media coalition that included the Daily News and Lewiston Tribune challenged this order in front of the Idaho Supreme Court and then later in front of Latah County District Judge John Judge.

The gag order was kept in place, but clarified by Judge, who wrote that attorneys and law enforcement are prohibited from making extrajudicial statements they "reasonably should know will have substantial likelihood of materially prejudicing or otherwise influencing the outcome of the case."

That includes statements about evidence, witnesses, victims or any opinion on the guilt or innocence of Kohberger.

What is the status of the King Road house where the murders took place?

The University of Idaho plans to eventually demolish the house where the four students were murdered, but a postponed trial date seems likely to push that demolition back further.

After the murders, the property owner donated the home to the UI, which planned to demolish it before the start of the school's fall semester as a healing gesture for the community and to prevent efforts to sensationalize the crime scene.

UI officials said the school received permission to do so from the prosecution and defense. However, family members of Kaylee Goncalves requested the house remain standing until after the trial in case it still needed to be preserved as evidence.

The UI obliged and has covered expenses for security, the removal of personal items that were given to the victims' families, and remediation of hazardous substances in the home.

Idaho Education News reported in August that costs related to the King Road house were close to $98,000.

Kuipers can be reached at akuipers@dnews.com.