BOISE, Idaho – A judge will decide next month if Bryan Kohberger’s defense team can introduce information that someone else killed four University of Idaho students.
Judge Steven Hippler began a pre-trial hearing Thursday with information that the defense filed a new document related to possible “alternate perpetrators” of the crime. The judge told the defense they’ll need to provide evidence to support that and reasoning for why they think the information is admissible.
The document itself is sealed. That matter will be taken up separately in a hearing in mid-June.
Kohberger is accused of killing four University of Idaho students in November 2022. His trial is scheduled to begin with jury selection August 11th.
Kohberger faces the death penalty if convicted.
Madison Mogen, Kaylee Goncalves, Ethan Chapin and Xana Kernodle were stabbed to death in the pre-dawn hours of November 13th.
Prosecutors have not established any clear connection between Kohberger and the victims before the crime.
Judge Steven Hippler said he’ll spend the pre-trial hearing laying out what he expects in the upcoming trial.
“I don’t like surprises,” Judge Hippler said.
Seating the jury
Seating the jury in such a high-profile case will be complicated and questions for potential jurors are a big part of the pre-trial hearing.
Hippler said the universe of jurors will be determined, then given a “scramble number.” Starting with #1, those jurors will come in and fill out a questionnaire.
“Once we have enough jurors, we stop,” Hippler said.
Hippler said the questionnaires will be kept confidential and are essentially “attorneys eyes only.” Paralegals and investigators can also have access, as long as they comply with the rules.
If Kohberger wants to see the questionnaires, it has to be in the presence of his attorneys. He can’t have copies to take back to jail with him.
As the jurors are narrowed down, they’ll come in groups for questioning in court. The victims’ families will be allowed in court for that and a small number of public seats will be available in court for that.
However, Judge Hippler said that process will not be live streamed because he doesn’t want “internet sleuths” and others to try to figure out who the potential jurors are. They will only be identified by their “scramble number” to protect their identity.
Potential jurors will be questioned privately about sensitive information and about what they may know about the case.
Judge Hippler plans to seat 20 people on the jury – 12 primary jurors and eight alternates.
Both sides agree that some of the discussions about potential jury questions would be done out of the public view and the live stream of the pre-trial hearing would be shut off.
The evidence
Judge Hippler said they’ll also discuss evidence that will be used at trial and the witnesses who will testify for each side.
That evidence includes a model of the King Road home where the murders took place.
Prosecutors had a small replica of the house built to show to the jury; the defense initially objected to that being allowed at trial, but the judge agreed that it can be.
Public viewing
Judge Hippler determined trial proceedings would be streamed live via the court’s current streaming methods. 4 News Now will bring the available proceedings to you live on KXLY+ and KXLY.com.
Both the prosecution and defense brought up concerns for safeguarding the identities of certain witnesses. Judge Hippler said that public interest may outweigh some witnesses’ desires to remain hidden. Judge Hippler did not rule but said, “You’ll have to really convince me.”
In addition, Judge Hippler determined other victims, i.e. the two surviving roommates, would be able to request their identities be protected from public viewing.
Opening statements
Judge Hippler began by saying he would not tolerate arguments during opening statements and any objections would be sustained. The judge also told the prosecution and defense to estimate how much time they would need for their opening statements.
Judge Hippler said both sides would also be able to enter the well with permission but must keep out of personal space of jurors.
This hearing is underway and will continue through much of the day Thursday. This story will be updated with developments as they happen.
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