By LAUREN SILVER
MOSCOW, Idaho (Court TV) – Prosecutors in Idaho are firing back at the attorney representing Bryan Kohberger, saying they have handed over tens of thousands of reports, photographs and other evidence before a June preliminary hearing.
Kohberger was a criminology student at Washington State University when investigators say he broke into a home near the University of Idaho campus and stabbed four students to death. Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves were killed on Nov. 13, 2022.
In a filing dated May 4, attorneys representing Kohberger filed a motion to compel discovery, saying the evidence they had requested from the state had not been delivered.
Prosecutors filed a response to the motion ahead of a scheduled May 22 hearing on the issue, saying that as of May 4, the Latah County Prosecutor’s Office had provided approximately:
- 10,000 pages of reports and other written materials
- 10,200 photographs
- 9,200 tips
- 51 terabytes of audio/visual media and digital materials
In their motion, attorneys representing Kohberger specifically pointed to bodycam and dashcam footage from officers involved in his arrest in Pennsylvania, reports detailing forensic evidence collected from his car and parents’ home and police reports related to his arrest and incarceration in Pennsylvania.
In response, the prosecution said all known items had been disclosed, and that the state was unaware of any footage beyond what was already disclosed, and “on information and belief, understands there is no body cam footage.” Prosecutors said the forensic reports on evidence collected at Kohberger’s family’s home and from his car, including reports from the FBI laboratory in Quantico, Virginia, were given to the defense, as well as the opportunity to directly view and inspect items seized as part of the investigation.
The only record prosecutors said they had not disclosed to the defense as requested were the training records for officers involved in the investigation, which the state argued in its response to the defense’s motion falls outside the scope of discovery.
Kohberger’s case is being safeguarded by a gag order, which prohibits any attorneys, law enforcement agencies or others involved with the case from talking to the media, unless they are quoting from a publicly available court document. Court TV’s parent company has joined a coalition of other media in filling an appeal of the order.
In objection to the motion, Kohberger’s attorneys argued that the gag order is necessary to protect their client’s 6th and 14th amendment rights to a fair trial. In the filing, his attorneys said they plan to present expert testimony on the damaging effects of media coverage.
Separate from the media, the family of Kaylee Goncalves has filed a motion seeking to be released from the gag order, citing their own first amendment rights. A hearing for that motion is also scheduled for May 22.
For more news on the Idaho Student Killings Trial, click here.