Bryan Kohberger update: Idaho murders judge makes key camera ruling as dismissal bid tossed

Rachel Sharp,Andrea Blanco and Andrea Cavallier
·16 min read
10
Bryan Kohberger update: Idaho murders judge makes key camera ruling as dismissal bid tossed

Bryan Kohberger returned to court today for a crucial hearing to argue why the grand jury indictment against him should be dismissed.

Judge John Judge denied the motion, but first made an unexpected decision to allow cameras in the courtroom.

The 28-year-old criminology PhD student is currently awaiting trial for the murders of University of Idaho students Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin.

Both the defence and the prosecution have been against cameras in the courtroom, but the media and the victims’ families have fought for cameras to be allowed.

Earlier this year, Mr Kohberger’s attorneys filed the motion to dismiss the murder charges against him, citing a biased grand jury, inadmissible evidence and prosecutorial misconduct.

They tried to argue “errors in grand jury instructions,” but the judge said it is the same instruction given to grand juries for 100 years.

Mr Kohberger was linked to the murders that rocked the town of Moscow through DNA evidence, cellphone data, an eyewitness account and his white Hyundai Elantra.

His attorneys have previously tried to argue that the DNA may have been planted and that the state has not handed all the evidence for the defence to review.

Key points

Bryan Kohberger to appear in court today

Thursday 26 October 2023 15:17 , Andrea Blanco

Welcome to The Independent’s liveblog on Bryan Kohberger’s court hearing today.

The court appearances at Latah County Courthouse were initially scheduled for September but were ultimately pushed back to 26 October.

The defence will seek to argue their claims of prosecutorial misconduct, insufficient evidence and a biased grand jury.

Hearing set to begin shortly

Thursday 26 October 2023 16:24 , Andrea Blanco

The first hearing scheduled for today is set to begin shortly.

Mr Kohberger’s defence is arguing that the grand jury was not given proper instructions and that the evidence they are to review is insufficient.

Legal expert says that defence’s move is routine

Thursday 26 October 2023 17:56 , Andrea Blanco

David Gelman, a former Philadelphia-area prosecutor who is not involved in the Idaho murders legal case, told FOX News Digital that the defence’s attempt to have the charges against Mr Kohberger dropped is not uncommon.

“The motion to dismiss is a move that every defence attorney makes prior to trial,” Mr Gelman said. “If an attorney doesn’t make this motion, regardless if it has merit or not, they are pretty much committing malpra=

Why was the 9am hearing closed to the public?

Thursday 26 October 2023 19:55 , Andrea Blanco

During Bryan Kohberger’s hearing this morning, details about the secret grand jury process were discussed by the prosecution and the defence.

Mr Kohberger has argued that the grand jury received improper instructions and that the evidence they are expected to review in the case is “insufficient” and/or “inadmissible.”

Members of the press will have access to the hearing scheduled for 4pm, but the procedures will not be livestreamed. Video of the hearing will be made available once the hearing is finalised.

Public hearing to start any minute

Thursday 26 October 2023 21:05 , Andrea Cavallier

The Idaho murders suspect is set to appear at a Latah County courthouse for a hearing where his defence team will argue a motion to drop the charges against him.

Will Bryan Kohberger’s hearing be livestreamed?

Thursday 26 October 2023 21:15 , Andrea Cavallier

There will be a camera in the courtroom for Kohberger’s hearing on Thursday, but it will not be public to view until after the hearing has concluded.

A line of people, including the victims’ families, members of the community and the media, has formed at the Latah County courthouse.

The hearing was supposed to start at 1pm PT/4pm ET, but appears to be delayed.

Kohberger hearing is underway after delayed start

Thursday 26 October 2023 21:44 , Andrea Cavallier

Bryan Kohberger and his defence team are in the courtroom for the second hearing of the day,

The first one was closed to the public.

Cell phones and laptops are allowed in the courtroom, but no recording is permitted.

There is a camera in the courtroom, but will not be public to view until after the hearing has concluded.

Defence makes argument to throw out grand jury indictment against Kohberger

Thursday 26 October 2023 21:47 , Andrea Cavallier

The Idaho murders suspect’s defence team is now arguing why the grand jury indictment against him should be thrown out.

Bryan Kohberger’s attorneys filed a motion earlier this year to dismiss the indictment, citing a biased grand jury, inadmissible evidence and prosecutorial misconduct.

The hearings at Latah County Courthouse were initially set for September but were ultimately pushed back to 26 October.

Defence argues grand jury was given the wrong instructions

Thursday 26 October 2023 22:06 , Andrea Cavallier

Kohberger’s defence is arguing the grand jury was given the wrong instructions – but Judge John Judge says it is the same instruction given to grand juries for 100 years.

Attorney Jay Logsdon is trying to pick apart the precedent on what grand juries need for an indictment and that the standard of proof should include more than just probable cause, KXLY reporter Jordan Smith tweeted from the courtroom.

Mr Logsdon believes the standard for an indictment should be elevated to "beyond a reasonable doubt."

Judge denies Kohberger defence motion to throw out grand jury indictment

Thursday 26 October 2023 22:22 , Andrea Cavallier

Judge John Judge has denied the defence team’s motion throw out the grand jury indictment against Kohberger.

Court has adjourned for the day.

Bryan Kohberger suffers two big losses in Idaho murders hearing

Thursday 26 October 2023 23:31 , Andrea Cavallier

Judge John Judge has denied a motion filed by Bryan Kohberger’s defence team to drop all charges against him.

Earlier this year, Mr Kohberger’s attorneys filed the motion to dismiss the murder charges against him, citing a biased grand jury, inadmissible evidence and prosecutorial misconduct.

Judge Judge said that while he appreciated the defence’s argument which he called “creative,” he quickly ruled that the grand jury’s indictment would stand.

“I appreciate the argument. I think it’s really creative and I appreciate the journey back through history,” the Judge said.

“I mean, what it comes down to for me is that I am constrained by what I believe is settled law in Idaho. I may be wrong, but this is certainly an issue that you would have to bring up with a higher court, like the Idaho Supreme Court, and I look forward to getting that.”

Andrea Cavallier reports.

Bryan Kohberger suffers two big losses in Idaho murders hearing

Who is Bryan Kohberger? The criminology graduate charged with the Idaho college murders

Friday 27 October 2023 00:05 , Graeme Massie

Bryan Kohberger became a household name across America when police swooped on his parents’ home in December and arrested him for the brutal murdersof four University of Idaho students.

Mr Kohberger, then a PhD criminology student at Washington State University, was accused of stabbing to death Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin in an off-campus student rental home in Moscow, Idaho, on 13 November.

The victims’ loved ones and those following developments in the quadruple murder case went from weeks of near-silence from law enforcement to the bombshell news of the accused killer’s arrest six weeks later.

Since then, people from Mr Kohberger’s past – though shocked – have built a picture of a bullied loner who overcame addiction. Meanwhile, fellow students from his time just over the Idaho border into Washington describe a criminology zealot who “creeped people out”.

With the 28-year-old now facing the death penalty in the case, The Independent asks: Who really is Bryan Kohberger?

Who is Bryan Kohberger?

ICYMI: Everything you need to know about the Idaho murders

Friday 27 October 2023 02:03 , Graeme Massie

It’s been nearly a year since the quadruple murders rocked a quiet Idaho university town.

Since then, a suspect has been arrested and a lengthy legal battle by his defence to have his charges dropped has ensued.

As the sole suspect in the brutal murders is set to appear in court on Thursday, here’s everything you need to know about the case:

What to know about Idaho murders and suspect Bryan Kohberger

Family of victim Kaylee Goncalves have been ‘waiting for this day’

Friday 27 October 2023 06:04 , Graeme Massie

The family of Kaylee Goncalves, who was one of the victims of the Idaho murders, posted on the family Facebook today just hours ahead of suspect Bryan Kohberger’s court hearing.

“Court today! Please pray that things are decided in our favor. I can barely breathe. We have been waiting for this day since Sept 20th.”

What we know about the Idaho murders

Friday 27 October 2023 07:54 , Graeme Massie

What to know about Idaho murders and suspect Bryan Kohberger

Timeline of the Idaho college murders

Friday 27 October 2023 10:01 , Graeme Massie

Idaho murders case timeline

Cameras will be allowed in courtroom, Kohberger judge rules

Friday 27 October 2023 12:00 , Graeme Massie

Judge Judge made an unexpected decision at Thursday’s hearing, announcing that he will not ban cameras in the courtroom for the Bryan Kohberger case.

He said cameras will stay in the courtroom though he will “take more control” of them.

Prosecution says case should not be thrown out, ‘there’s nothing to see here’

Friday 27 October 2023 14:01 , Graeme Massie

The prosecution is now arguing why the grand jury indictment against Kohberger should not be thrown out.

“There is nothing to see here. The Idaho Supreme Court has ruled on this issue.”

His argument lasted less than two minutes.

Bryan Kohberger suffers two big losses in Idaho murders hearing

Friday 27 October 2023 15:00 , Rachel Sharp

Judge John Judge has denied a motion filed by Bryan Kohberger’s defence team to drop all charges against him.

Earlier this year, Mr Kohberger’s attorneys filed the motion to dismiss the murder charges against him, citing a biased grand jury, inadmissible evidence and prosecutorial misconduct.

Judge Judge said that while he appreciated the defence’s argument which he called “creative,” he quickly ruled that the grand jury’s indictment would stand.

“I appreciate the argument. I think it’s really creative and I appreciate the journey back through history,” the Judge said.

“I mean, what it comes down to for me is that I am constrained by what I believe is settled law in Idaho. I may be wrong, but this is certainly an issue that you would have to bring up with a higher court, like the Idaho Supreme Court, and I look forward to getting that.”

Andrea Cavallier reports.

Bryan Kohberger suffers two big losses in Idaho murders hearing

Why did Bryan Kohberger want cameras out of court?

Friday 27 October 2023 16:00 , Rachel Sharp

Idaho murders suspect Bryan Kohberger wanted to ban cameras from his high-profile trial after bizarrely claiming that the media was honing in on his crotch.

The 28-year-old criminal justice PhD student filed a motion on 24 August asking Judge John Judge to toss cameras from the courtroom where he faces charges for the murders of Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin.

In the defence motion, his attorney Anne Taylor argued that past footage from his court appearances had focused heavily on his crotch.

“Mr. Kohberger is entitled to defend himself against capital criminal charges without cameras focused on his fly,” his attorney wrote.

She added that the media had been warned back in June not to focus solely on Mr Kohberger during the court appearances – but that they had “failed” to comply.

A group of media outlets – and the families of Goncalves and Kernodle – pushed back on the defence’s request, asking the judge to allow cameras to remain in the courtroom for his future hearings and the trial.

The media coalition argued that no photographic or film coverage had focused on his fly – pointing out that an image included in the defence motion came from a social media post and not a media outlet’s coverage.

“Although Mr. Kohberger argues that he is ‘entitled to defend himself against capital charges without cameras focused on his fly,’ that assertion misstates the role that courtroom camera coverage played in the X social media post that appears at page 3 of his motion. No photographs or camera coverage focused on Mr. Kohberger’s ‘fly,’” it stated in a motion.

WATCH: Idaho murders victim’s mother reveals why she won’t attend Bryan Kohberger’s trial

Friday 27 October 2023 17:00 , Rachel Sharp

Bryan Kohberger faces death penalty for the murders

Friday 27 October 2023 18:00 , Rachel Sharp

Bryan Kohberger is facing death penalty if convicted of the murders of four University of Idaho students.

Back in the early hours of 13 November, he is accused of breaking into an off-campus student home on King Road, Moscow, and stabbing the four students to death with a large, military-style knife.

Two other female roommates lived with the three women at the property and were home at the time of the massacre but survived.

One of the survivors – Dylan Mortensen – came face to face with the masked killer, dressed in head-to-toe black and with bushy eyebrows, as he left the home in the aftermath of the murders, according to the criminal affidavit.

For more than six weeks, the college town of Moscow was plunged into fear as the accused killer remained at large with no arrests made and no suspects named.

Then, on 30 December, law enforcement suddenly swooped on Mr Kohberger’s family home in Albrightsville, Pennsylvania and arrested him for the quadruple murders.

He was tied to the murders through his DNA found on a knife sheath left on the bed next to Mogen’s butchered body.

The motive remains unknown and it is still unclear what connection the WSU PhD student had to the University of Idaho students – if any – prior to the murders. The murder weapon – a fixed-blade knife – has never been found.

ICYMI: Bryan Kohberger’s father called police on accused Idaho killer nine years before murders

Friday 27 October 2023 19:00 , Rachel Sharp

Bryan Kohberger’s father called the police on his son nine years before his son allegedly murdered four University of Idaho students in a shocking knife attack that has horrified America.

Court records, newly obtained by ABC News, reveal that Mr Kohberger was arrested and charged with stealing one of his sister Melissa’s cellphones back in 2014.

The then-19-year-old had recently left rehab for drug addiction issues and had returned to the family home in Pennsylvania.

Then, on 8 February 2014, he stole the $400 iPhone and paid a friend $20 to pick him up and take him to a local mall where he then sold it for $200.

When confronted by his father Michael over the theft, Mr Kohberger chillingly warned him “not to do anything stupid”, according to the court records. His father reported the incident to the police.

Catch up on the story here:

Bryan Kohberger’s father called police on him nine years before Idaho murders

What is Bryan Kohberger’s alibi for the night of the murders?

Friday 27 October 2023 20:00 , Rachel Sharp

Bryan Kohberger finally offered up a vague alibi for the night that he is accused of brutally stabbing four University of Idaho students to death in their beds.

The 28-year-old criminal justice PhD student claims that he was out on a solo drive throughout the night of 12 November and into the early hours of 13 November – but admits that there are no witnesses to back up his version of events.

“Mr. Kohberger has long had a habit of going for drives alone. Often he would go for drives at night,” his attorney Anne Taylor wrote in a court filing in August.

“He did so late on November 12 and into November 13, 2022. Mr. Kohberger is not claiming to be at a specific location at a specific time; at this time there is not a specific witness to say precisely where Mr. Kohberger was at each moment of the hours between late night November 12, 2022 and early morning November 13, 2022.

“He was out, driving during the late night and early morning hours of November 12-13, 2022.”

While Mr Kohberger’s attorney said that there is no specific witness to say where he was throughout the time of the murders, she wrote in the new filing that she anticipates “corroborating witnesses” will back up his explanation at trial.

The claims about Mr Kohberger’s unusual nighttime habits – and his whereabouts on the night of the murders – came after prosecutors demanded that his legal team reveal his alibi ahead of the original October trial start date.

What happened in court yesterday? Motion to dismiss indictment denied

Friday 27 October 2023 21:00 , Rachel Sharp

In court on Thursday, the judge denied a motion filed by Bryan Kohberger’s defence team to drop all charges against him.

Earlier this year, Mr Kohberger’s attorneys filed the motion to dismiss the murder charges against him, citing a biased grand jury, inadmissible evidence and prosecutorial misconduct.

Judge John Judge said that while he appreciated the defence’s argument which he called “creative,” he quickly ruled that the grand jury’s indictment would stand.

“I appreciate the argument. I think it’s really creative and I appreciate the journey back through history,” the judge said.

“I mean, what it comes down to for me is that I am constrained by what I believe is settled law in Idaho. I may be wrong, but this is certainly an issue that you would have to bring up with a higher court, like the Idaho Supreme Court, and I look forward to getting that.”

What happened in court yesterday? Ruling allowing cameras in court

Friday 27 October 2023 22:00 , Rachel Sharp

In court on Thursday, the judge made a ruling on the issue around cameras in the courtroom.

The judge said that he would allow cameras in the courtroom for now, but added that he will “take more control” of them. He also asked people to have restraint and dignity when covering the case.

The families of two Idaho murders victims Kaylee Goncalves, 21, and Xana Kernodle, 20, previously called for cameras to document Mr Kohberger’s trial, but both the defence and the prosecution have been against cameras in the courtroom.

On Thursday morning, the Goncalves family posted on their Facebook page: “Court today! Please pray that things are decided in our favor. I can barely breathe. We have been waiting for this day since Sept 20th.”

A group of media outlets has also pushed back on the defence’s request motion, asking the judge to allow cameras to remain in the courtroom for his future hearings and the trial.