Defense attorneys for Idaho murders Bryan Kohberger are asking the judge overseeing the case to delay the highly anticipated trial just weeks before it’s set to begin.
Kohberger, 30, is set to face a jury in August for the November 2022 slayings of four University of Idaho students, but his attorneys argue that an episode of NBC’s Dateline that aired earlier this month violates a gag order that has been in place since 2023.
The Dateline episode included video footage, cell phone records, and photographs of documents that are not publicly available through official channels, according to the motion.
“The show repeatedly emphasizes the nonpublic nature of this information, stating it was obtained from unnamed sources who are close to the investigation, and that the materials were obtained exclusively by Dateline,” the motion states.
“Much of the ‘investigative’ material presented by Dateline was taken out of context and will not be admissible at trial because it lacks reliability.”
The former graduate student in criminal justice at nearby Washington State University is charged in the stabbing deaths of Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin at their off-campus house in Moscow, Idaho, on November 13, 2022.
Kohberger was arrested weeks later and prosecutors have said they will seek the death penalty if he is convicted.
In this week’s motion, signed by lead defense attorney Anne Taylor, the defense claimed the (Dateline) show “repeatedly emphasizes the nonpublic nature of this information, stating it was obtained from unnamed sources who are close to the investigation.”
“Moving forward with a capital trial in August will infringe upon Mr. Kohberger’s constitutional rights, as counsel requires more time to review discovery, complete investigations, and prepare for trial,” the motion continued.
The episode of Dateline that aired May 9 revealed that in the weeks before the murders, Kohberger had allegedly searched online for Ted Bundy as well as pornography with the keywords "forced," "passed out," "drugged," and "sleeping." A new selfie emerged of Kohberger in a hoodie emerged, taken from his phone, dated December 28, 2022. He was arrested two days later.
The 40-page motion comes a week after Judge Steven Hippler said he would be open to appointing a special prosecutor to track down the leak.
He ordered prosecutors and defense attorneys to give him a list of everyone — including staffers, law enforcement officers and defense consultants — who might have had access to the previously unreported information about Kohberger's internet search history and other details that were featured in the episode.
“One step forward, two steps back. Are we ever going to get there???” the Goncalves family posted to Facebook last week after the judge scheduled another pretrial hearing for June 18.
The hearing will be held to determine whether the defense will be able to argue the possibility of an “alternative perpetrator” at his trial later this summer.
