Bryan Kohberger was back in court on Tuesday for a pre-trial hearing — just a day after prosecutors said they would seek the death penalty against the Idaho murder suspect.
The 28-year-old is charged with the November 2022 murders from roommates Kaylee Goncalves, 21; Madison May, 21; Xana Kernodle, 20; and her boyfriend Ethan Chapin, 20.
Judge John Judge heard arguments from both sides in Latah County Court on several motions, including one filed by Kohberger’s team asking the prosecution to turn over more evidence on DNA findings.
Kohberger was wearing a suit and tie as he entered the courtroom on Tuesday, as reported by New Nation reporter Alex Capraiello who was present.
Judge Judge decided to issue a gag order for law enforcement and detectives at the beginning of the hearing. He also clarified that under a strict injunction regarding cameras, the cameras present are not allowed to focus only on Kohberger and show the entire hearing.
Bryan Kohberger appeared at a pre-trial hearing on Tuesday
Kohberger pleaded not guilty last month to the murder of roommates Maddie Mogen, 21. Kaylee Goncalves, 21, Xana Kernodle, 20, and her boyfriend Ethan Chapin, 20
Last week, Kohberger’s lawyers had requested that the proceedings be halted until they have access to the material reviewed by the grand jury that indicted him. That information is typically private, but the lawyers have argued they need it to build a strong defense.
At the latest court hearing, the defense said they are not on a “fishing expedition” but are looking for specific materials needed for an adequate defense.
“There is a heightened standard now that the state has announced its intention to seek the death penalty … and these are very relevant pieces of information,” Kohberger’s defense said.
Specifically, the defense team is asking for the training records of three police officers who conducted “critical” witness interviews and made decisions about the investigation.
They also asked for additional information on the FBI team that provided cell phone records used in the statement of probable cause. Prosecutors said they will hand over these items, but the defense wants to know a specific date.
Finally, Kohberger’s lawyers said they needed more information about the report from the FBI’s forensic investigator who directed police to search for the white Hyundai Elantra.
However, prosecutors claimed the defense has everything the state has, including 10,000 tips and 51 terabytes of audio/video information. They added that the training records of the three officers are irrelevant to the case as they are unlikely to even testify at trial.
Prosecutors said they will turn over the FBI’s forensic reports to the defense once the review process is complete “within weeks.”
Judge Judge said the materials must be handed over to the defense team no later than July 14.
He will consider both sides’ arguments and will release a written decision shortly, he said.
In a filing last week, the defense wanted to poke holes in the charges, accusing prosecutors of “hiding their case” and not being transparent about the methods used to obtain DNA evidence and link it to the suspect.
Prosecutors had previously claimed that DNA found on a knife left at the scene of the murders is a “statistical match” to a cheek swab taken from the suspect.
The FBI said they used databases on public DNA sites similar to 23andMe.
But in documents filed Thursday, Kohberger’s lawyers claimed there was “no connection” between Kohberger and the students who were fatally stabbed in their off-campus home in Moscow.
The team of lawyers stated that there was a “total lack” of the victims’ DNA found in Kohberger’s apartment, office or vehicle.
Kohberger’s lawyers also stated that DNA from a second man was found in the Moscow home, and that police reportedly found DNA from a third man on a glove discovered outside the home.
“To date, the defense is unaware of what, if any, testing was performed on these samples other than the STR DNA profiles.”
The filing, an objection to the state’s motion for a protection order, argues that the defense team should have access to all records and genetic genealogy that led prosecutors to claim that Kohberger’s DNA, collected from a mouth swab, was a “statistical match.” was with the found DNA. on a knife scabbard discovered at the scene.
A Ka-Bar knife similar to the one believed to have been used in the murders
The former criminology student chose to “keep silent” at his arraignment last month and not guilty pleas were filed on his behalf
Prosecutors previously argued that Kohberger was not entitled to FBI records uncovered through the method.
In their filing, the defense team said, “Perhaps unsurprisingly, Mr. Kohberger does not accept that his defense does not need this information.
“The state apparently just wants to prevent Mr. Kohberger from seeing how the genetic genealogy profile for research came about and how many other people the FBI ignored during their investigation.”
Detectives found a Ka-Bar knife sheath on the bed containing the bodies of Mogen and Goncalves. The scabbard was partially under Mogen’s body and the comforter on the bed, according to court documents filed June 16.
A DNA sample left on the sheath is “at least 5.37 octillion times more likely to be seen if (the) defendant is the source than if an unrelated person chosen at random from the general population is the source” , prosecutors said.
The former criminology student chose last month to ‘keep silent’ at his arraignment and pleaded for acquittal on his behalf. He faces four counts of first degree murder and burglary.
On Monday, the Latah County Prosecutor’s Office informed the court that they would seek the death penalty because the murders were “particularly gruesome, gruesome or brutal and exhibited exceptional depravity.”
If convicted, Kohberger could be executed by firing squad if the state cannot obtain the lethally necessary drugs.
Meanwhile, also on Tuesday, a cleaning company parked in front of the Moscow house where the murders took place.
The University of Idaho told Court TV they are beginning the process of removing all personal items from the home for the families, which will take several weeks.
The house is about to be demolished, but there is no set date yet for its demolition, the school added.