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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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