ADA COUNTY, Idaho — Bryan Kohberger’s defense is requesting that his upcoming quadruple murder trial be delayed.
Kohberger is scheduled to go on trial in August for the 2022 killing of four University of Idaho students. Madison Mogen, Xana Kernodle, Ethan Chapin and Kaylee Goncalves were brutally stabbed to death in an off-campus rental home. Kohberger, who faces a potential death sentence if he’s convicted of the murders, has maintained his innocence.
Bryan Kohberger appears in court for a hearing on Nov. 7, 2024. (Idaho Fourth District Court)
In a motion filed this week, the defense cites a recent “Dateline” NBC special, which aired on May 9, as a reason for the delay. It argues that the episode violates a gag order that has been in place since 2023. The episode included video footage, cell phone records, and photographs of documents that are not publicly available through official channels.
“The (Dateline) show repeatedly emphasizes the nonpublic nature of this information, stating it was obtained from unnamed sources who are close to the investigation,” the motion states. “Moving forward with a capital trial in August will infringe upon Mr. Kohberger’s constitutional rights, as counsel requires more time to review discovery, complete investigations, and prepare for trial.”
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The motion comes less than a week after Judge Steve Hippler said in a pre-trial hearing that he is open to appointing a special prosecutor to investigate potential violations of the court’s longstanding non-dissemination order. Judge Hippler ordered prosecutors and defense attorneys to provide a list of everyone who might have had access to the previously unreported information about Kohberger’s internet search history and other details that were featured in the “Dateline” episode, reported The Associated Press.
Kohberger’s attorneys raised concerns about the special and an upcoming book on the case set for release in mid-July. Their filing states the blurb for the book “suggests that the apparent Dateline leak was not the only violation of this Court’s non-dissemination order.”
“A continuance is necessary to fully investigate the leaks and to mitigate the prejudicial effects of such inflammatory pretrial publicity occurring so close to the current trial date,” the filing said.
Scripps News Boise, an E.W. Scripps Company, and The Associated Press contributed to this report.
