Brief Update: Bryan Kohberger Pre-Trial

Summary

The King Road Killings: An Idaho Murder Mystery – Episode Summary: "Brief Update: Bryan Kohberger Pre-Trial"

Introduction

In the latest update of ABC News' immersive series, The King Road Killings: An Idaho Murder Mystery, correspondent Kayna Whitworth delves into the recent developments surrounding Bryan Kohberger's pre-trial proceedings. This episode, released on September 7, 2023, provides listeners with a comprehensive overview of the current state of the case, the legal maneuvers by both the defense and prosecution, and the palpable tension within the small town of Moscow, Idaho.

Setting the Scene in Moscow, Idaho

Whitworth paints a vivid picture of Moscow, Idaho, juxtaposing the town's serene, everyday life with the shadow of the brutal murders that occurred last November. Walking down Main Street, she observes families returning to school and students engaging in their routines, highlighting the stark contrast between normalcy and the underlying fear:

"Walking down Main street in Moscow, Idaho, you can tell that all the kids are coming back to school. They're here with their families getting dropped off. It's a beautiful scene." [00:30]

Bryan Kohberger's Pre-Trial Hearing

The episode centers around Bryan Kohberger's pre-trial hearing held on August 18 at the Latta County Courthouse, situated mere miles from the crime scene. Whitworth describes the atmosphere in the courthouse and the town during the hearing:

"For a moment when I was outside, a high school student walked by me and I could hear him saying to his friends, 'It's crazy. Brian is just sitting in there.'" [02:20]

Kohberger, a 28-year-old former criminology PhD student, appeared in court without restraints, wearing a suit and tie. His demeanor, characterized by a closed-mouth smile and nods, elicited a strong emotional response from the victims' families:

"He wasn't handcuffed or shackled. He gave a closed mouth smile and nodded at Ann Taylor, the lead attorney on his defense team." [02:50]

Christy Gonzalez, mother of one of the victims, reacted visibly to Kohberger's demeanor:

"She whispered that smile." [03:05]

Legal Strategies and Defense Tactics

Attorney Ann Taylor, representing Kohberger, employs various defense strategies aimed at challenging the prosecution's case. One significant point of contention is the use of DNA evidence obtained through a public genealogy database. The defense argues potential flaws in the methodology used to identify Kohberger:

"They say there might have been something problematic in the way the state used a public genealogy database to zero in on Coburger." [04:10]

Expert witnesses brought forth by the defense highlight possible loopholes in DNA matching processes, questioning the integrity of the evidence presented:

"Even if you choose to opt out of law enforcement matching on a DNA site, meaning you want to keep your personal information private, hidden from authorities, there are loopholes." [04:40]

Additionally, the defense raises the issue of three other male DNA profiles found at the crime scene, seeking further clarification:

"Kohberger's defense also points out there were three other male DNA profiles found at the scene and they want more information on those." [05:00]

Prosecutor Bill Thompson counters these claims by asserting that the defense has been provided with all available evidence:

"We can't produce something that doesn't exist." [05:30]

Alibi and Prosecutorial Stance

A controversial aspect of Kohberger's defense is the alibi presented, which relies on his habit of driving alone late at night rather than having verifiable witnesses to his whereabouts during the murders. Prosecutor Bill Thompson criticizes this approach, emphasizing the importance of transparency in legal proceedings:

"Trials are not yet a poker game. Where players enjoy an absolute right to always conceal their cards until play." [06:27]

Thompson, with over three decades of experience as Layta County's top prosecutor, remains steadfast in his pursuit of justice, challenging the defense's tactics and ensuring that all procedural standards are upheld.

Judge's Role and Family Reactions

Judge John Judge oversees the case, striving to balance the need for thorough legal proceedings with the family's desire for swift justice. The Gonzalez family has expressed frustration with the pace of the case:

"The Gonzalez family has voiced frustration with the time that he's taken to make decisions on the motions filed." [06:36]

Despite the tension, Judge Judge maintains that he must ensure both sides have adequate time and resources to prepare for trial.

Trial Postponement and Its Implications

Originally scheduled to begin on October 2nd, the trial faced an unexpected postponement when Kohberger opted to waive his right to a speedy trial on August 23. This decision extends the timeline indefinitely, allowing both the defense and prosecution additional time to prepare:

"Just six weeks before the trial was set to start, Bryan Kohberger waived his right to a speedy trial." [08:37]

Prosecutor Thompson questioned whether Kohberger was influenced to make this decision, but Kohberger affirmed his choice:

"Is that the case that you want to waive your speedy trial rights? Yes." [08:30]

Attorney Shannon Gray, representing the Gonzalez family, expressed mixed emotions about the delay, acknowledging the families' need for closure while understanding the legal necessity for continuance:

"The families understand that a continuance is necessary to sort out a lot of the pending motions and evidentiary issues in front of the court." [08:50]

Looking Ahead: What to Expect

With the trial date yet to be rescheduled, the episode underscores the uncertainty that looms over the case. Whitworth anticipates that future proceedings will reveal critical information, potentially clarifying the motive and confirming Kohberger's involvement:

"We'll learn what's in those terabytes of data collected by authorities. And by the time it's over, we might finally get some answers about what happened that night on King Road." [09:30]

Conclusion

This episode of The King Road Killings offers a meticulous update on Bryan Kohberger's pre-trial status, encapsulating the legal strategies, community sentiments, and the ongoing quest for justice in Moscow, Idaho. As the case progresses, listeners can expect further insights and developments in the anticipated Season 2 coverage.

Notable Quotes

• "He wasn't handcuffed or shackled. He gave a closed mouth smile and nodded at Ann Taylor, the lead attorney on his defense team." – Kayna Whitworth [02:50]
• "Trials are not yet a poker game. Where players enjoy an absolute right to always conceal their cards until play." – Bill Thompson [06:27]
• "Just six weeks before the trial was set to start, Bryan Kohberger waived his right to a speedy trial." – Kayna Whitworth [08:37]

Closing Remarks

Stay tuned for Season 2 of The King Road Killings: An Idaho Murder Mystery as ABC News Correspondent Kayna Whitworth continues to monitor the legal proceedings and brings forth new developments in this gripping true crime saga.

Transcript

[Kana Whitworth]

Hey there, it's Kana Whitworth. And if you've been following the King Road story in Moscow, Idaho, then you've seen that the state's case against their only suspect, Bryan Kohberger, is starting to take shape. At the end of our first season in July, we promised we'd be back with season two trial coverage this fall, but the trial has been postponed. I've pored over court documents, attended a recent pre trial hearing and spent some time in Moscow, and there have been some interesting developments. So I wanted to drop into your feed with a brief update. This is the King Road killings from ABC News. Walking down Main street in Moscow, Idaho, you can tell that all the kids are coming back to school. They're here with their families getting dropped off. It's a beautiful scene. Just a few weeks ago, I went back to Moscow. I made the trip for Brian Coburger's Aug. 18 hearing at the Layta County Courthouse right in downtown Moscow. The courthouse is just about a mile from where Zanna Kernodle, Ethan Chapin, Madison Mogan and Kaylee Gonzalez were found stabbed to death in an off campus home last November. As Kohberger's pretrial hearing got underway, Moscow's Main street was bustling. People are out, people are happy, dining al fresco. The city is really coming to life as all the students pour back into town. The Latag county courthouse is connected to the jail and right next to it is Moscow High School. One time when I was outside, a high school student walked by me and I could hear him saying to his friends, it's crazy. Brian is just sitting in there. So there's this heavy cloud hanging over the town each time another hearing shows up in the calendar. Bryan Kohberger remains in custody while both sides gear up for trial. There's still a gag order in place, which means the legal teams aren't allowed to talk freely to reporters. All that we've learned is from the documents popping up on the court docket each day and the procedural tussles we see in the courtroom. Since the grand jury indictment and his arraignment in May, Kohberger's been present in court for four times for in person pre trial court hearings. He maintains his innocence. On the day I sat in the courtroom on August 18, he walked in wearing a suit and tie. He wasn't handcuffed or shackled. He gave a closed mouth smile and nodded at Ann Taylor, the lead attorney on his defense team. And that set off Kaylee Gonzalves's mother, Christy, who whipped her Head towards her sister. She was sitting next to her and whispered that smile. The Gonzalez family has had people in court at every hearing, they vowed to do that, and they've stuck with it. At this stage in the game, Taylor is using all a defense attorney's tools. She wants the indictment dismissed, the death penalty gone, no cameras in court. She's filing everything she can to help her client, all while keeping her cards close to the vest. Taylor has long blonde hair, and on this particular day, she was wearing a mask in the courtroom, which sometimes can make it a little difficult to hear what she's saying.

[Bill Thompson]

We provided to the prosecutor what we can provide to the prosecutor.

[Kana Whitworth]

And Wolf, in the lead up to the trial, the defense has raised questions about the standard of proof used in the grand jury indictment. And they've questioned the DNA evidence too. They say there might have been something problematic in the way the state used a public genealogy database to zero in on Coburger. They called witnesses who testified. It's important to know the step by step process that law enforcement used to hone in on Kohberger and where the potential pitfalls could be. Expert witnesses testified that even if you choose to opt out of law enforcement matching on a DNA site, meaning you want to keep your personal information private, hidden from authorities, there are loopholes.

[Bill Thompson]

So, for example, was it pastor wounds? Was there searching of data banks that violated the terms and conditions of those data banks? Was there surreptitious DNA collection from individual targeted individuals in family trees?

[Kana Whitworth]

Kohberger's defense also points out there were three other male DNA profiles found at the scene and they want more information on those. But the prosecution says they've already given the defense access to everything they have.

[Bill Thompson]

We can't produce something that doesn't exist.

[Kana Whitworth]

And then there's the alibi. The defense says that Kohberger's alibi, something the judge referred to as a so called alibi, was his habit of driving around alone late at night. Not exactly a conventional alibi where someone would vouch for his whereabouts at the time of the murders. The defense team is up against Laton county prosecutor Bill Thompson. Thompson has a long gray beard and a mustache that curls ever so slightly at the ends. Yes, he looks a little like Santa Claus, but one who skips the cookies. Thompson is tall and lean and he's been Laytah County's top prosecutor for more than 30 years. He's forceful and he's accused the defense of withholding information in its disclosure about the alibi.

[Bill Thompson]

Trials are not yet a poker game. Where players enjoy an absolute right to always conceal their cards until play. And that's what's going on here.

[Kana Whitworth]

Presiding over the case is John Judge. The Gonzalez family has voiced frustration with the time that he's taken to make decisions on the motions filed. But it's his job to make sure both sides have the time and resources they need to proceed with the trial.

[Bill Thompson]

This is a tight schedule. We all know it, but we can do it. That's what everybody wants. I'm not for it.

[Kana Whitworth]

In this hearing on August 18th, Kohberger was on the edge of his seat, fully engaged with the back and forth between the attorneys, the judge and expert witnesses. The former criminology student now watches as his own case plays out. The five hour proceeding was heavy with legalese and technical details, including a PowerPoint. But Coburger looked wrapped, nodding as his public defender asked questions. Of course, the stakes are huge for him. Remember in late June, the prosecution announced they'd be seeking the death penalty. When I left the courthouse that day in August, the trial was still on track to begin on October 2nd. That's the date we'd been hearing for months. Less than a week later, on August 23, things changed. A major development in the Idaho college murder case. The suspect, Brian Kohberger waiving his right to a speedy trial, delaying the case indefinitely. Kayna Whitworth has the latest. The 28 year old former PhD student who once stated through his attorney he was eager to be exonerated, now agreeing to waive the prosecution's obligation to bring him to trial within six months of his arraignment.

[Bill Thompson]

Is that the case that you want to waive your speedy trial rights? Yes.

[Kana Whitworth]

Just six weeks before the trial was set to start, Bryan Kohberger waived his right to a speedy trial. In Idaho, prosecutors have six months after a suspect has been arraigned to bring a case to trial or it will be dismissed. But a defendant can waive his or her right to a speedy trial, which gives both sides more time to prepare. And that's what Kohberger did.

[Bill Thompson]

Is anybody pressuring you to waive your speedy trial rights? No. You sure you want to do this? Absolutely.

[Kana Whitworth]

Some of the victims families expressed disappointment, but not surprise. They just want justice as swiftly as possible. Shannon Gray, the attorney for the Gonzalez family, told me the expectation, although unrealistic, that the trial would be done in October still carries with it grief and anger. He went on to say, that being said, the families understand that a continuance is necessary to sort out a lot of the pending motions. And evidentiary issues in front of the court. The new trial date hasn't been scheduled yet, and when the trial does get underway, painful things will be stirred up in court. We'll learn what's in those terabytes of data collected by authorities. And by the time it's over, we might finally get some answers about what happened that night on King Road. Like what was the motive? And who? Or what was the target? And was Kohberger the killer? We hope you'll stay with us for season two of the King Road killings. Bryan Kohberger on trial. Until then, we're keeping tabs on the legal proceedings and we'll be back in your feed when there are significant developments.

[Brad Milke]

This episode is brought to you by Progressive Insurance. It's Brad Milke, host of ABC's Daily News podcast. Start Here. You chose to hit play on this podcast today. Smart choice. Make another smart choice with Auto Quote Explorer to compare rates from multiple car insurance companies all at once. Try [e-mail], progressive Casualty Insurance Company and affiliates. Not available in all states or situations. Prices vary based on how you buy.