BOISE, Idaho – The man accused of killing four University of Idaho students will stand trial in August, despite his attorneys attempts to put the process on hold.
Judge Steven Hippler issued his denial Thursday of the defense’s motion to continue.
He also denied a key defense motion to offer proof that someone else could have committed the crimes.
Bryan Kohberger is charged with aggravated murder for the deaths of Kaylee Goncalves, Madison Mogen, Ethan Chapin and Xana Kernodle.
He faces the death penalty if convicted.
The defense asked the judge to delay the August trial, saying attorneys have not had enough time to go through the large amount of evidence. They also pointed to a recent Dateline episode as a possible breach of the court’s order not to share information about the case.
In his decision, the judge pointed to a previous order in which he denied the Kohberger team’s request to strike the death penalty.
“Defendant’s second round of this argument fares no better,” Judge Hippler writes. “He again fails to identify any relevant discovery that his counsel has yet to review. He also fails to identify any steps his counsel has taken, particularly since the Court’s prior order, to aid in processing the yet- unreviewed discovery.”
The judge also said the defense has not been specific about which evidence it has been unable to review.
The defense also argued that attorneys should have more time to prepare evidence of mitigating factors that could save Kohberger from the death penalty if convicted.
Large portions of that part of the defense ruling are redacted.
“The Constitution does not demand and this Court is not willing to continue the trial indefinitely to allow the defense team to embark on fishing expedition, pulling at every conceivable thread in Defendant’s familial tapestry,” Judge Hippler wrote in reference to the mitigating factors that are redacted from the court documents.
On the issue of pretrial publicity, Judge Hippler said the Court has already put measures in place to ensure that an impartial jury is seated, despite the lengthy coverage of this case.
“The longer the public is made to sit and wait for the facts to come out at trial, the more time there is for inflammatory, speculative stories, movies and books to circulate and more time for prior ones to be rebroadcast, purchased, viewed and consumed by the public,” Judge Hippler wrote.
Alternative Perpetrators
The judge also ruled on the defense motion to present evidence that would suggest someone other than Kohberger committed the crime.
The hearing on that motion was closed to the public and the judge’s decision denying it is partially redacted.
What is revealed in the document is that the defense attempted to provide evidence identifying four people as possible perpetrators.
The judge points to case law that says in order to do that at trial, the defense must first present evidence of a clear connection to the crime.
Judge Hippler said the defense did not provide evidence that meets that standard.
Three of the people were socially connected to one or more of the victims and interacted with them at social events prior to the murders.
The so-called alternative perpetrators also lived within walking distance and knew the layout of the home.
The judge says there is no further connection to the crimes and that each of the people have cooperated with police, providing DNA and fingerprints.
The fourth person had a “passing connection” with one of the victims and saw her shopping at a store five weeks before the murders.
The court record says he followed her out of the store and tried to talk to her, but turned away before doing so. The incident was captured on security cameras. The person in question cooperated with police and provided a DNA sample.
DNA testing excluded all four of the possible alternate perpetrators.
The judge ruled that Kohberger’s team can bring up the reasonableness of the investigation at trial, but cannot question law enforcement about the investigation of any specific alternative perpetrator unless they first do so outside the jury’s presence.
The court’s schedule
The court clarified Thursday that sealed proceedings in the matter will take place on July 28th and August 1st.
Jury questioning will begin August 4th now instead of July 30th and will continue until a jury is seated.
If the jury is seated, opening statements will begin August 18th
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