Highlighted below are key pre-trial developments and decisions:
– June 9, 2023: Media groups and a victim’s family contested a gag order in court.
– June 23, 2023: Judge John denied the requests but revised the gag order terms.
– August 2, 2023: Kohberger’s lawyers aimed to present an alibi defense, citing difficulty in pinpointing his exact location during the incidents.
– October 26, 2023: A plea to dismiss the grand jury indictment was rejected due to alleged errors in instructions.
– December 18, 2023: A motion to dismiss the indictment was denied over claims of jury selection non-compliance.
– February 28, 2024: Defense requested access for experts to review sealed genetic genealogy evidence.
– April 4, 2024: Judge criticized defense’s juror surveys, raising concerns over a fair trial process.
– April 17, 2024: Defense planned to introduce expert testimony regarding cell towers to support Kohberger’s alibi.
– April 19, 2024: Surveys with potential jurors continued following a temporary pause.
– April 29, 2024: Prosecution sought to limit additions to Kohberger’s alibi defense.
– May 2, 2024: Defense motions were pending.
During an evidentiary hearing, the prosecution requested that the proceedings be sealed, while witnesses wanted it to be made public. However, the judge ultimately decided to close the hearing to the public. Following the hearing, the family of one of the victims expressed frustration over the slow progress of the case, calling it a cycle of motions and delays.
On May 23, 2024, the defense attorney, Taylor, questioned a Moscow police detective about the preparation of visual cell phone logs and methods for searching certain videos. These questions were related to motions requesting the prosecutors to share discovery with the defense, but the specific details of the motions were sealed. On May 30, 2024, the lead investigator and a defense expert testified that key evidence had not been provided to the defense.
The lead investigator testified about collecting video surveillance in an attempt to locate a specific vehicle connected to the suspect. Despite collecting thousands of hours of footage, investigators did not find evidence of the vehicle traveling towards a specific location. The expert on cell phone geolocation data highlighted discrepancies in the data provided and stated that missing information could benefit the defense.
In June and July 2024, the judge made decisions regarding access to investigative genetic genealogy evidence and set a trial date for June 2, 2025, allowing for three months of trial proceedings. The defense team later filed a motion to change the venue of the trial due to ongoing publicity and concerns about receiving a fair trial. Prosecutors objected to the motion, arguing that the defendant could still receive a fair trial in the current county.
As of August 19, 2024, discussions regarding the change of venue motion were ongoing between the defense and the prosecution.
The decision to relocate the trial venue to Ada County was based on expert analysis, legal precedent, and the results of a survey conducted in Latah County that indicated a “mob mentality.” The defense, noting the deeply ingrained prejudices in the traumatized town of Moscow, argued for the change.
On August 29, 2024, four expert witnesses testified in support of the defense’s concerns about potential biases in the local jury pool. The prosecution did not present any witnesses.
Subsequent to this, on September 5, 2024, Kohberger’s defense team filed 13 motions aimed at removing the death penalty from the case. They argued that the death penalty is unconstitutional, citing violations of international human rights law, the right to a speedy trial, and the use of methods deemed cruel and unusual. Concerns were raised about the availability of lethal injection drugs in Idaho, with the possibility of execution by firing squad.
On September 9, 2024, Judge John Judge granted the defense’s request to move the trial out of Latah County due to concerns of prejudice within the local community. The judge highlighted the extensive news coverage and logistical challenges in holding a high-profile case in the county.
Subsequently, on September 12, 2024, the Idaho Supreme Court ruled to relocate the trial to Ada County, appointing District Judge Steve Hippler to preside over the case.
New developments on September 26, 2024, saw Judge Hippler considering a change in the trial date to either May or September 2025 due to concerns about maintaining a jury during a lengthy summer trial. A gag order issued during the Latah County proceedings would remain in effect.
Further updates on October 9, 2024, revealed that the trial date had been rescheduled to commence on August 11, 2025, with jury selection starting on July 30, 2025.
By November 7, 2024, Judge Hippler was reviewing defense motions to dismiss the death penalty, citing constitutional rights violations and conflicts with international law. The court indicated that written decisions on these motions would be issued at a later date.
Lastly, on November 15, 2024, Kohberger’s defense team filed 13 motions seeking to suppress evidence obtained through various warrants, including cell phone records and internet data.
His car and parents’ house are at the center of a legal battle due to alleged constitutional issues and the utilization of investigative genetic genealogy, as stated by his legal team. The application of investigative genetic genealogy in identifying Kohberger has been a contentious issue throughout this case. The defense team has also formally requested a hearing to deliberate on these motions.
On November 20, 2024, Hippler, the Ada County district judge, ruled in favor of allowing prosecutors to proceed with seeking the death penalty against Kohberger, rejecting the defense’s arguments on the matter. In September, the defense filed a total of 13 motions opposing the death penalty, citing violations of Kohberger’s constitutional rights, specifically protection from cruel and unusual punishment, as well as concerns regarding international law, among other issues. Hippler addressed these arguments in his decision, stating that they do not hold sufficient weight to override established case law and precedent.
Subsequently, on January 23 and 24, 2025, during a motions hearing, Kohberger’s defense team pushed for the suppression of evidence obtained through investigative genetic genealogy, asserting that it infringes on the defendant’s right to privacy. They also sought to suppress cell phone records on similar grounds. Additionally, the defense requested a Frank’s hearing to investigate whether law enforcement knowingly included false information in the original search warrant affidavit. Defense attorney Anne Taylor highlighted key omissions in the affidavit, such as the presence of unidentified male DNA alongside Kohberger’s DNA on a handrail in the house and another male DNA sample on a glove outside the residence. Taylor emphasized that no DNA linking Kohberger to the crime scene was found in his car or on his steering wheel.
Judge Steven Hippler acknowledged that the unidentified male DNA does not definitively exclude Kohberger but could indicate the involvement of another individual. He emphasized that the presence of Kohberger’s DNA on the knife sheath alone is sufficient to establish probable cause for his arrest. The prosecution argued that probable cause existed to link Kohberger to the crimes, validating all warrants issued in the case.
As proceedings unfolded, Hippler refrained from an immediate decision. Any determination of a false statement could potentially lead to the dismissal of Kohberger’s case. Contributors to this report from CNN include Jean Casarez, Jim Sciutto, Taylor Romine, Veronica Miracle, Jeffrey Kopp, Brammhi Balarajan, Cheri Mossburg, and Cindy Von Quednow. To stay updated with the latest CNN news and newsletters, you can create an account at CNN.com.
