Prosecutors in Idaho have fired back at Bryan Kohberger‘s 11th-hour attempt to delay his capital murder trial, furiously responding: ‘It is time.’
The accused killer is due to go on trial this August charged with the murders of Kaylee Goncalves, Xana Kernodle, Ethan Chapin and Madison Mogen in a horror knife attack in Moscow, Idaho, on November 13, 2022.
In a last-ditch bid to save him from the firing squad, the criminology PhD student’s defense has now asked the judge to postpone the trial – citing a recent Dateline episode that revealed bombshell new details and pointed to a potential evidence leak in the case.
Now, in a new court filing, the state has pushed back, rubbishing claims a delay would make it easier to seat an impartial jury and blasting the defense for going down ‘every rabbit hole.’
‘Defendant’s Motion amounts to a request for a perpetual continuance so that his counsel can go down every rabbit-hole until Defendant – rather than the Court – deems himself ready for trial,’ the filing, from prosecutor Bill Thompson, reads.
The state argues that Kohberger’s team has had plenty of time to prepare for the trial – coming more than two years after his arrest.
‘It is time to try this case. Defendant was arrested in late December of 2022 and was indicted in May of 2023,’ the filing states.
In the 22-page filing, prosecutors acknowledge there has been ‘intense publicity’ surrounding the case and that the Dateline episode does pose ‘challenges’ to the trial.
Bryan Kohberger is seen in a creepy selfie taken six hours after the brutal Moscow murders
‘There is no doubt that the publicity surrounding this case – including, but not limited to, a recent “Dateline” TV show containing non-public evidence – poses challenges for the Court and both parties,’ the filing reads.
‘… However, Defendant’s reliance on the Dateline episode to support his Motion is misplaced for several reasons.’
The court filing argues that whether or not Kohberger can receive a fair trial depends on whether a fair and impartial jury can be seated – not on how much pretrial publicity there is around the case.
‘Here, the Court’s carefully crafted jury selection process has every chance to produce an impartial jury… suffice it to say, if an individual has been so impacted by the Dateline episode (or any other publicity) that they cannot be impartial, they will not be seated as a juror,’ the filing states.
The cases of ‘cult mom’ Lori Vallow and doomsday author Chad Daybell show that Ada County has recent experience in dealing with high-profile trials, the filing adds.
Prosecutors also argue that granting a delay would not reduce the publicity around the case – instead arguing it would ‘only allow more opportunities for pretrial publicity’ and ‘make it harder to seat a jury.’
‘So, proceeding to trial as scheduled may actually avoid any negative consequences from future publicity,’ the filing argues.
Best friends Kaylee Goncalves and Madison Mogen were found dead in the same bed in Mogen’s room on the third floor
Young couple Ethan Chapin and Xana Kernodle were found dead on the second floor of the home
The Dateline show, released in early May, revealed new details about the case for the very first time, including the suspected killer’s phone records, porn choices and online searches for Ted Bundy.
It also aired never-before-seen surveillance footage of a suspect vehicle fleeing the horrific crime scene on November 13, 2022.
Days after the show aired, Judge Hippler handed down a scathing court order saying that the release of ‘sensitive information’ in the episode shows that someone close to the case has ‘likely’ violated the gag order.
He warned that this could make it more difficult to seat an impartial jury when Kohberger goes on trial for his life this August – something that those close to the victims described as ‘a distraction.’
The judge ordered an investigation into the leak, vowing to root out the source and hold the culprit to account.
Both sides were ordered to preserve all records around the case and to hand over a list of names of everyone who might have had access to the information revealed on the show, including staff members, law enforcement officers and defense consultants.
Both the defense and prosecution have now handed over these records.
Following the apparent leak, the defense cited the show in its argument to postpone the trial.
The four students were murdered inside 1122 King Road in Moscow, Idaho, on November 13 2022
As well as the Dateline episode and other media coverage about the case, the defense also argued that they needed more time to effectively prepare for trial and investigate Kohberger’s ‘life story’ ahead of the potential penalty phase.
In the state’s response, prosecutors also question the timing of the defense’s request, arguing that, since Kohberger’s December 2022 arrest, his legal team has managed to meet other deadlines set by the court – including ‘by disclosing six expert reports for the penalty phase, disclosing over 2,100 pages of purported mitigation materials, listing 55 penalty phase witnesses, and identifying 132 exhibits he may introduce during the penalty phase of trial.’
‘But now, after all discovery deadlines have passed and after the Court conducted the pre-trial conference, Defendant seeks a trial continuance of unspecified length,’ the filing states.
The prosecution argues that, based on the court records, Kohberger’s team ‘has already plowed the necessary ground.’
Prosecutors also point out that victims’ families have a right to a ‘timely’ trial.
Even sticking with the current timeline, the trial will only wrap up around the third anniversary of the murders.
Judge Steven Hippler has not yet ruled on the matter.
The judge is also yet to rule on whether or not the defense can present an alternate suspect to jurors at the trial.
More than two years have passed since the November 13, 2022 murders of the four University of Idaho students.
The suspect is accused of breaking into a three-story, off-campus home in the heart of the college town of Moscow and stabbing the four victims to death.
Left to right: Dylan Mortensen, Kaylee Goncalves, Madison Mogen (on Kaylee’s shoulders) Ethan Chapin, Xana Kernodle and Bethany Funke
Two other roommates survived, with one of them coming face-to-face with the masked killer moments after the attack.
Kohberger was arrested around six weeks later on December 30, 2022, at his parents’ home in Poconos Mountains in Pennsylvania.
He was connected to the murders after his DNA was found on a Ka-Bar leather knife sheath found next to Mogen’s body at the scene.
Prosecutors also found cellphone records placing him outside the student home multiple times prior to the murders, as well as surveillance footage showing a vehicle matching his car speeding away.
Jury selection is slated to begin in late July or early August, with the trial getting underway August 11.
If convicted, Kohberger faces the death penalty.
