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Bryan Kohberger files court documents challenging indictment in University of Idaho student murders

Bryan Kohberger, the man charged with killing four University of Idaho students on Nov. 13, 2022, has filed court documents that indicate he may challenge his indictment.

Kohberger was indicted by a secret grand jury impaneled by the state on May 16, 2023, on four counts of first-degree murder and a single count of burglary. Since that time the state and the defense have been jousting over what grand jury materials will be made available to Kohberger's defense team.

The state has offered audio recordings and partial transcripts of the grand jury for review, however, Kohberger's defense argues that they are certain evidence exists that would clear him of these charges, "exculpatory evidence," and according to court documents are requesting the court force the state to turn over all grand jury proceedings for review.

The defense argues that after six months of intense media coverage in a small community, they have a right to determine how the grand jury was selected, and what if any exculpatory evidence was shown to them. The defense also argues that since this case carries the potential of the death penalty and that Kohberger has not waived his right to a speedy trial the state's failure to provide all requested materials hampers their ability to make a robust defense for their client.

In a motion filed with the court, Defense Counsel Anne Taylor requests that if all such documents and materials are not turned over without delay that the court should put a stay, or a pause, on the proceedings to allow adequate time for review of the grand jury proceedings.

The state's response in court documents shows that Bill Thompson, Prosecuting Attorney, agrees that the discovery, in this case, is substantial and that a major trial is set to take place in under four months. Thompson's response says that he does not have any problems with a reasonable extension of time for the defense to comply with its obligations under Idaho law, however, he requests the same courtesy for the state should the defense proffer a notice of alibi.

The back and forth continues, as is to be expected in a case of this magnitude. KBOI will update this story when the judge makes a ruling on the motions for extension and grand jury discovery.

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Fernande Dalal

Update: 2024-08-07