CRIME
Idaho Judge Denies Motion To Dismiss Indictment Against Bryan Kohberger In Student Killings
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An Idaho judge on Thursday denied a request to dismiss the grand jury indictment against Bryan Kohberger, the suspect in the Nov. 2022 stabbing deaths of four University of Idaho students.
The defense argued Thursday that the grand jury was misled as to the standard of proof required for an indictment.” According to Kohberger’s attorneys, the Idaho State Constitution requires proof beyond a reasonable doubt in order for a grand jury to indict, but the grand jury was given instructions to use a lower standard, normally used for a process called presentment, which requires a preliminary hearing.
The defense said the improper grand jury instruction is grounds to dismiss the indictment.
The motion was denied by Latah County District Court Judge John Judge, who said he is constrained by what I believe is settled law in Idaho.
“I think the argument is good, but I cant go that far, not today,” Judge said. This is certainly an issue that you would have to bring with a higher court, like the Idaho Supreme Court.”
Defense attorneys also argued a separate motion to dismiss on Thursday, but that hearing was closed and a written ruling was not immediately available.
Kohberger, a criminology PhD student at the University of Washington, lived on its Pullman campus, about a 10-minute drive from Moscow, Idaho, where the murders took place. Kaylee Goncalves, 21, Madison Mogen, 21, Xana Kernodle, 20, and Ethan Chapin, 20, were found stabbed to death in their off-campus home on Nov. 13.
According to police, DNA evidence connected Kohberger to the crime scene. After a lengthy search for a white Hyundai Elantra seen in the area of the crime, authorities learned Kohberger drove the vehicle across the country with his father in December, to their familys home in Pennsylvania for the holidays.
Kohberger was arrested at his parents’ home in Pennsylvania on Dec. 30. He is charged with four counts of first-degree murder, and has pleaded not guilty.
TMX contributed to this article.
