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lite.cnn.com - on gopher - inofficial
ARTICLE VIEW:
The latest pretrial developments in the Idaho student killings case
By Eric Levenson and Taylor Romine, CNN
Updated:
12:44 PM EDT, Wed July 2, 2025
Source: CNN
Bryan Kohberger, the man in their off-campus home in 2022, has agreed
to a plea deal that will allow him to avoid the death penalty.
The deal comes as jury selection for his long-awaited trial was set to
start August 4.
It’s been a long and winding road since the four students – Kaylee
Goncalves, Ethan Chapin, Xana Kernodle and Madison Mogen – were
fatally stabbed in the overnight hours of November 13, 2022, at a home
just off the school’s main campus in Moscow, Idaho.
Kohberger, a Washington State University graduate student in
criminology, was arrested in the killings on December 30, 2022, in his
home state of Pennsylvania. He was charged with four counts of murder;
a on his behalf in May 2023.
The was slowed by a series of pre-trial motions and hearings that have
frustrated the family of one of the victims as well as the judge
overseeing the case.
The hearings largely fall into a few different buckets. One relates to
the defense attorneys’ access to evidence, particularly how the
prosecution in building the case. A second set of hearings concerns for
his innocence. Third, there have been a number of hearings related to a
what the parties can publicly say about the case.
Here’s a timeline of some of the notable pre-trial developments and
decisions before the plea deal was reached:
June 9, 2023: A coalition of media organizations and the family of one
of the victims came to court to placed on the parties in the case.
June 23, 2023: Latah County Judge John Judge denied both requests but
issued a revised gag order that allows the parties to discuss topics
that do not have a “substantial likelihood of materially prejudicing
or otherwise influencing the outcome of the case.”
August 2, 2023: Kohberger’s attorneys said they would  but
couldn’t pin down their client’s specific location on the night of
the killings because he was “driving during the late night and early
morning hours.”
“Mr. Kohberger is not claiming to be at a specific location at a
specific time; at this time there is not a specific witness to say
precisely where Mr. Kohberger was at each moment of the hours” of
the attacks, his attorneys said in a court filing.
October 26, 2023: The judge the grand jury indictment after the defense
argued there was an error in the grand jury instructions.
December 18, 2023: The judge the indictment after the defense argued
prosecutors failed to comply fully with state rules on jury selection
and the jury questionnaire.
February 28, 2024: Defense attorney Anne C. Taylor asked the court to
allow three defense experts and others to view the evidence, which has
been sealed, to understand the full timeline of how police began to
focus on Kohberger.
Genetic genealogy is a practice that blends DNA analysis in the lab
with genealogical research, such as tracing a person’s family tree.
In this case, investigators found a single source of male DNA on the
button snap of a leather knife sheath left at the crime scene, . FBI
investigators loaded the DNA profile to public genealogy sites to
search for a match and then sent a tip to investigate Kohberger,
according to a prosecution court filing.
The judge initially declined to give the defense investigators extended
access to the investigative genetic genealogy, saying he would rather
the experts already approved to view the material give justification
for digging deeper.
April 4, 2024: The judge criticized Kohberger’s defense attorney,
saying she commissioned phone surveys to potential jurors that could
hinder Kohberger’s ability to get a fair trial. However, Taylor said
the judge violated her client’s right to due process by ordering a
stop to the anonymous survey without hearing the defense’s side
first.
Judge he wants a “hearing at least every month,” noting the
importance of “cleaning up” the legal proceedings.
April 17, 2024: Kohberger’s defense lawyers filed a court document
saying they plan to offer a cell phone tower and radio frequency
expert to that he was out driving west of Moscow on the night of the
slayings.
April 19, 2024: The judge with potential jurors to continue “without
modification” after temporarily pausing them.
April 29, 2024: The prosecution asked the court to deny Kohberger the
opportunity to add to his alibi and to preclude anyone other than the
defendant to testify as to his whereabouts on the night of the
killings.
May 2, 2024: Kohberger’s defense had asked for an upcoming
evidentiary hearing with witnesses , while the prosecution asked that
it be sealed. The judge ruled that it will be closed to the public.
After the hearing, the family of Goncalves, one of the victims, of the
proceedings. “This case is turning into a hamster wheel of motions,
hearings, and delayed decisions,” adding they were “incredibly
frustrated.”
May 23, 2024: Taylor, the defense attorney, questioned a Moscow police
detective about the preparation of visual cell phone logs and methods
for searching for certain videos. The testimony was related to two
motions to compel prosecutors to share discovery with the defense, but
the contents of the motions are sealed, so it was not clear what they
were requesting.
May 30, 2024: The Moscow police detective leading the investigation and
a defense expert in cell phone location data testified that the defense
has not received some key evidence in the case.
Cpl. Brett Payne, the lead investigator on the case, testified he and
other investigators collected thousands of hours of video surveillance
as they tried to locate a white Hyundai Elantra connected to the
suspect. The videos are saved on various thumb drives, but there is no
central inventory of the videos, he testified. He also said
investigators did not see on any of the videos the Elantra going south
from Moscow toward Pullman, Washington, in the early morning hours
after the killings.
The probable cause affidavit used in the case alleges Kohberger drove
south toward Pullman after he committed the four killings.
Sy Ray, an expert on cell phone geolocation data, testified that he has
not been provided the underlying AT&T source data and list of nearby
cell towers that was used by detectives to create a map of
Kohberger’s movements with his cell phone. Based on the data he had
received, he believed some statements in the records were not accurate,
and he said the missing data could be helpful to the defense.
“Because of the piecemealing of the data, because of the missing
data, because of data that I’m reviewing that is incredibly
inaccurate, everything that is missing is absolutely to the benefit of
the defense right now,” he said.
June 7, 2024: After previously restricting who had access to the
investigative genetic genealogy evidence, the judge ruled to allow
unnamed “defense investigators” to view the material.
June 27, 2024: The parties of June 2, 2025. Judge set aside about three
months for the trial, including two weeks for jury selection, eight
weeks for the trial and two weeks for potential post-conviction
hearings and sentencing.
“This is a great step to set these deadlines and hearings so that we
can move through this,” he said.
July 22, 2024: Kohberger’s defense team filed a memorandum in support
of moving the case out of Latah County, saying he can’t receive a
fair trial there “because of the extensive publicity that is ongoing
and inflammatory.” The defense suggested the trial be moved to Ada
County, which includes Boise, about 300 miles south.
August 13, 2024: Prosecutors objected to the defense team’s change of
venue motion, arguing the defense failed to prove that Kohberger would
not receive a fair trial in the county. “The Court should deny
Defendant’s motion and instead, focus on crafting remedial measures
to ensure that a fair and impartial jury can be seated in Latah
County,” the prosecution argued.
August 19, 2024: In a reply to the state’s objection, Kohberger’s
defense said moving the venue to Ada County is supported by expert
analysis, precedent and results of a survey in Latah County showing a
“mob mentality.” “The traumatized town of Moscow is
understandably filled with deeply held prejudgment opinions of
guilt,” the defense wrote.
August 29, 2024: At a hearing on the change of venue request, for the
defense about potential biases among the local jury pool. The
prosecution did not call any witnesses.
September 5, 2024: Kohberger’s defense team filed 13 motions aimed at
from his case.
Attorneys argued the death penalty is unconstitutional because it
violates international human rights law and prevents the right to a
speedy trial. They said used to put inmates to death in Idaho equate to
cruel and unusual punishment and the practice violates the public’s
evolving standards of decency. Kohberger could be executed by firing
squad if he’s sentenced to death – and if the state cannot obtain
the drugs necessary for a lethal injection. The court has set October
10 as the deadline for the state’s response.
September 9, 2024: Judge John Judge to move the trial out of Latah
County due to concerns the local community is prejudiced against him.
“Considering the undisputed evidence presented by the defense, the
extreme nature of the news coverage in this case, and the smaller
population in Latah County, the defense has met the rather low standard
of demonstrating ‘reasonable likelihood’ that prejudicial news
coverage will compromise a fair trial in Latah County,” the judge
wrote. The judge also highlighted logistical issues with holding such a
high-profile case in Latah County.
September 12, 2024: The Idaho Supreme Court ruled to , which surrounds
the capital city of Boise and is the most populous county in the state.
Ada County District Judge Steve Hippler will take on the case, the
court ruled.
September 26, 2024: The new judge in the case told lawyers he was
weighing whether to change the trial date. Hippler would prefer to move
the trial – scheduled to start in June – to either May or
September, because he anticipated issues with keeping a jury intact
during a lengthy summer trial, he told prosecutors and defense
attorneys during his first hearing in the case.
The gag order that was issued when the case was in Latah County would
remain in place, Hippler also said.
October 9, 2024: Judge Hippler moved Kohberger’s trial date two
months later, setting it to begin August 11, 2025. The voir dire
portion of the jury selection process will start July 30, 2025, Hippler
ordered.
November, 7, 2024: Hippler said he is considering several motions filed
by the defense to have the death penalty dismissed in this case. The
defense argued the death penalty violates Kohberger’s constitutional
rights, which protect him from cruel and unusual punishment, and it
violates international law. Kohberger’s attorneys said the death
penalty creates a potential conflict with his constitutional rights to
effective counsel and a speedy trial, among other concerns.
The court said it will issue written decisions for these motions at an
unspecified later date.
November 15, 2024: Kohberger’s defense team filed 13 motions asking
to suppress evidence from information obtained through multiple
warrants. The information, which includes cell phone records, internet
data and searches of his car and parents’ house, has constitutional
issues and was obtained through the use of , his team said. The use of
investigative genetic genealogy to identify Kohberger is a longstanding
issue in the case.
The defense also requested a hearing to discuss the motions.
November 20, 2024: Judge Hippler allowed prosecutors to continue to
pursue the death penalty against Kohberger, denying the defense’s
motions on the issue. Defense attorneys in September arguing against
the death penalty, saying it would violate Kohberger’s constitutional
rights, protecting him from cruel and unusual punishment, and would
violate international law, among other concerns.
Hippler addressed the defense’s arguments in his order, saying none
of them are strong enough to counter existing case law and precedent.
January 23 and 24, 2025: During a motions hearing, Kohberger’s
defense team called for the suppression of evidence stemming from the
investigative genetic genealogy process, claiming it’s a violation of
the defendant’s constitutional right to privacy. They also called for
suppression of cell phone records for the same reason.
The defense also requested a Frank’s hearing, which would determine
whether law enforcement intentionally or recklessly included a false
statement in their original search warrant affidavit. Defense attorney
Anne Taylor argued important facts were left out of the affidavit,
including that unknown male DNA was found mixed with Kohberger’s DNA
on a handrail at the house, and another unknown male DNA sample was
found on a glove outside the house. She also noted no DNA found at the
crime scene was found in Kohberger’s car or on his steering wheel.
Judge Hippler said the unknown male DNA doesn’t exclude Kohberger,
but might indicate someone else was involved. Kohberger’s DNA on the
knife sheath alone establishes probable cause for arrest, Hippler said.
The prosecution argued probable cause was established that Kohberger
committed crimes and therefore all warrants were valid.
Hippler did not immediately make a decision. If a false statement is
found, it means Kohberger’s case could potentially be dismissed.
February 19, 2025: Judge Hippler denied a motion to suppress , allowing
the investigative genetic genealogy process to remain in evidence,
ruling the defense did not show Kohberger’s constitutional rights
were violated.
Multiple motions from Kohberger’s defense team requesting the
suppression of information obtained through warrants to AT&T, Google,
Amazon and others were also denied, as well as an arrest warrant and
several other search warrants, saying that the defense did not meet the
standard needed for exclusion.
Hippler also denied a request for a Franks hearing, which would have
determined whether law enforcement intentionally or recklessly included
a false statement in their original search warrant affidavit. In his
order, he said the standards needed for that hearing were not met.
February 21, 2025: New details emerged from a hearing originally closed
to the public, giving an inside look at the fight to use investigative
genetic genealogy in the case. Judge Hippler ultimately allowed the
evidence to be used.
The prosecution filed a motion requesting to use a model of the house
where the stabbings occurred during the trial. In a series of filings,
the prosecution also asked the judge to bar the admission of certain
defenses, including use of an alibi and claiming there was another
perpetrator, without sharing evidence first. They also asked that
certain expert testimony on Kohberger’s mental health – which is
currently sealed and not viewable by the public – not be allowed.
February 24, 2025: Attorneys for Kohberger claim in a motion that their
client has autism spectrum disorder – or ASD – and executing him
would violate the Eighth Amendment’s prohibition on “cruel and
unusual punishment.” A “Motion to Redact or Seal Newly Filed
Records” was also entered. The motions mark the latest attempt by
Kohberger’s attorneys to the possibility of the death penalty.
March 3, 2025: Hippler warned attorneys for Kohberger and prosecutors
to stop filing so many sealed documents and said the court will “look
with scrutiny” at further requests to seal court documents. The judge
urged in a court order for both sides to use the “least restrictive
method” to protect private information, such as redacting documents
rather than sealing them entirely.
March 5, 2025: A motion by the defense is unsealed, revealing a
three-person mixture of unknown DNA was found under victim Mogen’s
fingernails. The defense asked that the DNA evidence be kept from the
jury in Kohberger’s trial because jurors could believe the DNA is
Kohberger’s.
March 6, 2025: Text messages between the two surviving roommates in the
off-campus home are unsealed, along with the transcript of the 911 call
made by the roommates before first responders arrived on scene.
In another defense motion, Kohberger’s attorneys argue that the death
penalty should be taken off the table because they cannot possibly
review the enormous amount of discovery in time for the August trial.
March 19, 2025: Several court documents were unsealed, including a
limited search warrant that revealed Kohberger had bought a Ka-Bar
knife, a sheath and sharpener on Amazon eight months before the
homicides. As the sheath, , contained a “statistical match” to his
DNA, now they argue the purchases before the homicides make it “more
probable … that the sheath found at the crime scene was Bryan
Kohberger’s,” according to court documents.
Other include a selfie Kohberger allegedly took hours after the
killings. Prosecutors argue Kohberger’s “bushy eyebrows” match
descriptions given by a surviving roommate, who was present at the time
of the murders.
Additionally, other unsealed documents shed new light on the
communications of two surviving roommates, including details on their
in the hours after their housemates were killed.
March 26, 2025: In a newly released court filing, Kohberger’s
attorneys argue the defendant doesn’t understand the magnitude of his
actions due to his autism spectrum disorder and, therefore, should not
be considered for the death penalty.
The documents include an anecdote describing Kohberger making small
talk with an officer at the back of a squad car after his arrest, where
he asked the officer about his education and suggested they get coffee
at a later date.
“He did not perceive the profoundly serious nature of the moment and
exhibited no perception of what was happening,” the filing said.
In a separate filing, prosecutors reveal store records showing that
Kohberger purchased a black balaclava from Dick’s Sporting Goods in
January 2022 –– one that matches a description given by a surviving
roommate who saw an intruder in the house the night of the stabbings.
Other evidence prosecutors cited included an academic paper Kohberger
wrote for a criminal justice class in 2020. The 12-page paper, titled
“Crime-scene Scenario Final” details a case involving a 35-year-old
woman who was stabbed to death with a knife at a trailer park,
including steps on how he would assess a crime scene if he were an
investigator. It was not immediately clear whether the case described
in the paper is hypothetical or real.
The paper “would be introduced to show Defendant’s knowledge of
crime scenes,” the documents read, with prosecutors pointing to
aspects of the case that are similar to the University of Idaho
murders, such as the use of the knife, surveillance video and
collection of DNA.
April 24, 2025: The judge denied Kohberger’s motion to strike the
death penalty over Kohberger’s .
April 25, 2025: Prosecutors asked the court to allow them to conduct
their own psychological testing on Kohberger, according to a . In a
preemptive move, prosecutors requested to seal a motion that will
include detailed mental health information about Kohberger. The motion
“reveals the nature of mental condition examinations already
conducted and the type of examinations and testing the State seeks to
perform, some of which is personality testing to which defendant
objects,” prosecutor Joshua Hurwit argued. It also reveals
“personal private information of defendant” and “affects his
privacy interests,” he said.
April 29, 2025: The judge denied Kohberger’s motion to strike the
death penalty over the high volume of discovery.
May 7, 2025: The judge ruled that Kohberger’s family is allowed to be
in the court room during the duration of the trial, regardless of if or
when they are called to testify.
May 15, 2025: The judge ordered prosecutors and defense attorneys to
preserve records after an apparent leak made its way into a “Dateline
NBC” episode last week.
The special featured extensive records from Kohberger’s phone,
including internet and Amazon searches, Instagram photos and cell phone
tower data, according to the order. “Dateline” also obtained
security footage showing a car driving near the off-campus home around
the same time investigators think the murders occurred.
In the scathing orders, Hippler said the leak will have lasting
repercussions and “it is imperative to attempt to see that the source
of such leak is identified and held to account.”
He ordered both prosecutors and defense attorneys to retain all records
relevant to the leaked information, and submit a list within seven days
of who on their team came into contact with the relevant evidence.
Prosecutors are also required to come up with a written plan on how to
identify any potential violations and how to prevent it from happening
again.
May 21, 2025: A motion filed by Taylor, the defense attorney, requested
Kohberger’s trial be delayed, citing recent media coverage which
included information not to be released to the public until trial —
information she argues could impair the jury’s ability to be
impartial.
She references a recent “Dateline NBC” epsiode featuring the case
and a book scheduled to publish in July as two examples of recent media
coverage.
She also said her team has been working “around the clock to
prepare” for trial, but needs more time to process a “substantial
amount of trial investigation and preparation” as an additional
reason to push off the death penalty trial. She cited several processes
that require extended time to review.
June 18, 2025: The judge from the defense asking for a delay in the
trial. Lead defense attorney Anne Taylor listed “challenges and
difficulties” over the 2.5 year pre-trial period, and added that a
recent e,” as well as a book expected to publish before the trial
could make it difficult to select a jury.
June 26, 2025: Hippler denied two defense team requests - one to push
back the trial to a later date and another requesting the use of
alternate perpetrators, saying the defense’s “offer of proof can
give rise to only wild speculation.”
June 30, 2025: A letter distributed to victims’ family members
announced that Kohberger , in exchange for prosecutors taking the death
penalty off the table. The letter specifies Kohberger will likely be
sentenced to life in prison if he pleads guilty as expected, according
to the Idaho Statesman. It also requires him to waive his right to
appeal, the Statesman reported. A hearing on the change of plea is
scheduled for July 2, 2025.
The family of Kaylee Goncalves, one of the victims, sharply criticized
what they characterized as “a secretive deal and a hurried effort to
close the case without any input from the victims’ families on the
plea’s details.”
This story has been updated with additional information.
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