Bryan Kohberger, a criminology Ph.D. student turned quadruple murder suspect, returned to an Idaho courtroom where his defense lawyers claimed that prosecutors had turned over key evidence in discovery, but only in an altered form. The defense is seeking additional evidence, including the full surveillance video that allegedly places Kohberger’s car near the crime scene. The defense is vying to have Kohberger’s next discovery hearing open to the public, while prosecutors argue that everything related to the hearing has been filed under seal and should continue to be filed as such. Defense insinuations that prosecutors were dragging their feet on discovery were dismissed by the prosecuting attorney.
The defense team accused prosecutors of trying to control the public perception of the case by keeping evidence “in a vacuum,” insisting that Kohberger has a Sixth Amendment right to a public hearing. However, the judge did not appear convinced by this argument, stating that a hearing is not the same as a trial. The judge suggested holding a closed-door hearing and then releasing information afterward. As the hearing grew heated, the judge urged both sides to “tone it down” and refrain from personal attacks on one another.
The legal posturing in the courtroom may be a strategic move to have the trial moved out of Latah County, where the murders took place, to a jurisdiction with a larger jury pool. The defense attorney and former prosecutor David Gelman agreed with the defense team’s assertion that prosecutors should not have handed over an edited video linking Kohberger’s car to the crime scene. The defense team may use public perception to their advantage, potentially influencing the case’s outcome through publicity or jury selection.
Kohberger faces four charges of first-degree murder and felony burglary in connection with a November 2022 massacre at an off-campus house near the University of Idaho. Evidence found by police, such as a knife sheath with Kohberger’s DNA under one victim and surveillance video of his car, is favorable to the prosecution. Little potentially exculpatory evidence has been presented in court, and both sides have agreed to a restrictive gag order on the case, preventing them from answering questions from the press. Kohberger pleaded not guilty to all counts at his arraignment in May 2023.
