Kohberger's lawyers have appealed for a stay in the proceedings to fight over further disclosure of materials from the prosecutors.
The tragic incident unfolded last November when Kohberger, now 28, allegedly infiltrated an off-campus rental house, claiming the lives of four undergraduates: Kaylee Goncalves, 21; Madison Mogen, 21; Xana Kernodle, 20; and Ethan Chapin, 20. The arrest came seven weeks later, based on the critical evidence from a Ka-Bar knife sheath carrying Kohberger's DNA, found next to Mogen's body.
At the arraignment last month, where Kohberger chose to "stand silent," a plea of not guilty was entered by Judge John Judge on the defendant's behalf. Kootenai County Public Defender Anne Taylor clarified this unusual step as a strategic move to "preserve his right to contest the indictment."
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In a recent motion to stay the proceedings, Taylor affirmed Kohberger's intention to dispute the indictment. The defense seeks to procure additional grand jury materials withheld by the prosecution to construct a robust challenge against the charge.
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"Mr. Kohberger seeks to stay the proceedings as appropriate relief while the matter of the grand jury record is argued and prepared," Taylor stated, indicating the necessity of due diligence to unearth the grounds to file a motion to dismiss. She pointed out that the delays faced by Kohberger were not expected to be his fault.
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However, prosecutors from Latah County and the state attorney general's office opposed it, calling Kohberger's argument "misplaced" and "deficient" under state law. They argued, "Defendant asks this Court to put the cart before the horse — stay the case now, and Defendant will give the Court a basis for the stay later." They firmly suggested that the Court reject such an interpretation of Idaho Code §2-213 and deny the motion.
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The investigation, involving multiple states' police forces and the FBI, led to Kohberger's arrest at his parent's residence in Pennsylvania's Pocono Mountains on Dec. 30, 2022. Before he renounced extradition to Idaho, he expressed his eagerness to be forgiven through his Pennsylvania attorney.
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The initial plan of the defense was to dispute the probable cause of his arrest warrant in a preliminary hearing initially slated for June 26. However, this became unnecessary when a grand jury, last month, delivered a superseding indictment on Kohberger with four counts of first-degree murder and a felony burglary charge.
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Edwina Elcox, a renowned Boise-based defense attorney, noted, "The defense is going to ultimately get a lot of the information related to the Grand Jury, as long as there is a legal basis." She added that providing this information to the defense would probably necessitate a court order.
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The accused, who holds a master's degree in criminal justice and was pursuing a Ph.D. in criminology at Washington State University, now faces a capital punishment risk if convicted. The case's trial is anticipated to commence on Oct. 2 and could stretch over six weeks.
The hearing concerning the defense motion has been scheduled for June 27 by Judge John Judge. In the interim, Kohberger continues to be held without bail at the Latah County Jail in Moscow, Idaho.
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