Former Washington State University graduate student, Bryan Kohberger, accused of fatally stabbing four University of Idaho students, is taking his case to the Idaho Supreme Court. His legal team is requesting the court to review the indictment, arguing that the grand jury wasn’t properly instructed on the standard of proof required in Idaho. This move comes after Latah County District Judge John Judge rejected similar arguments made by Kohberger’s attorneys in previous hearings.
Kohberger’s attorneys, led by public defender Anne Taylor, contend that Idaho law necessitates an indictment be returned only upon a finding of proof beyond a reasonable doubt. They argue that the grand jury was wrongly instructed to use the lower standard of probable cause. Judge Judge, however, has maintained that probable cause has long been the accepted standard in Idaho and other jurisdictions.
This difference in interpretation of the law stems from the language used in the Idaho Constitution regarding grand jury indictments. Kohberger’s defense team argues that the constitution’s preservation of the right to a grand jury indictment implies the inclusion of the standard of proof that existed when the constitution was enacted. They believe this standard was proof beyond a reasonable doubt, based on the wording of a statute in effect at the time of the constitution’s ratification.
Bryan Kohberger appears in Latah County Court
The defense team’s appeal to the Idaho Supreme Court is considered a strategic maneuver with potentially significant implications. If the court sides with Kohberger, the current indictment could be dismissed, compelling the prosecution to either re-present their case to a new grand jury or proceed with a preliminary hearing.
While not guaranteeing Kohberger’s release, such an outcome would represent a setback for the prosecution and potentially delay the trial. The defense has already indicated a preference for a trial date no sooner than summer 2025, citing the need for ample time to review evidence and prepare their case.
The prosecution, however, is eager to move forward with the trial. Families of the victims have also expressed their desire for a swift resolution to the case, hoping for a sense of closure and justice. They have urged the court to expedite the proceedings and limit further delays.
Adding another layer of complexity to the case is the defense’s motion for a change of venue. They argue that extensive media coverage has potentially tainted the jury pool in Latah County, making it challenging to seat an impartial jury. A hearing on this motion is slated for April.
While Judge Judge has demonstrated a reluctance to postpone the trial, the sheer volume of potential witnesses – reportedly around 400 – identified by the defense might complicate jury selection. Finding jurors with no connections to such a large pool of individuals in a relatively small community presents a significant hurdle.
As the case progresses, the Idaho Supreme Court’s decision regarding the grand jury indictment will be pivotal. Their ruling has the potential to reshape the trajectory of the Kohberger trial and impact future grand jury proceedings in Idaho.
