Idaho Murders: Judge Denies Indictment Dismissal Request

Murder Suspect Bryan Kohberger Attends Pre-Trial Hearing In Idaho
MOSCOW, IDAHO - OCTOBER 26: Bryan Kohberger listens to arguments during a hearing to overturn his grand jury indictment on October 26, 2023 in Moscow, Idaho. Kohberger, a former criminology PhD student, was indicted earlier this year in the November 2022 killings of Madison Mogen, 21; Kaylee Goncalves, 21; Xana Kernodle, 20; and Ethan Chapin, 20, in an off-campus apartment near the University of Idaho. (Photo by Kai Eiselein-Pool/Getty Images)
Bryan Kohberger listens to arguments during a hearing to overturn his grand jury indictment on October 26, 2023 in Moscow, Idaho. (Photo by Kai Eiselein-Pool/Getty Images)

OAN’s Abril Elfi 
6:13 PM – Thursday, October 26, 2023

Bryan Kohberger, the accused murderer of four University of Idaho students, had previously filed a motion requesting to dismiss the charges against him, however, his motion was dismissed by the judge.


On Thursday, Judge John Judge denied the motion that the 28-year-old suspect filed to dismiss the indictment in his upcoming trial, claiming that the grand jury was “given improper instructions” and requesting to set back his case to a preliminary hearing. 

However, according to court records, the judge told his defense team that they would have to take the issues up with the Idaho Supreme Court, as he was bound to “existing law.”

“You know, I am constrained by existing law, I can’t just change it,” Judge said. “This is an issue you would have to bring with a higher court, [the] Idaho Supreme Court. I appreciate the argument, appreciate the journey back through history.”

In July, his lawyer asked for the indictment to be dismissed, claiming that prosecutors failed to give a grand jury panel sufficient directions when presenting the burden of proof before they chose to accuse him. 

Due to incorrect instructions, his defense counsel requested Latah County Judge John C. Judge to dismiss the case and instead set a preliminary hearing, which would allow Kohberger’s lawyers to question state witnesses and potentially uncover material in the defendant’s favor.

Furthermore, Kohberger was asked to give his alibi, which his attorneys refused. His attorneys believe he was driving alone late at night on the night of the murders.

However, the court denied the motion, stating that the defense team had a “jarring theory” and that the grand jury was maintaining the “correct standard of proof of probable cause.” 

Additionally, Kohberger asserted that he is “anxious” about cameras in the courtroom, claiming that allowing cameras in the room violates a judge’s instructions and jeopardizes his right to a fair trial. 

Yet, the judge rejected this request as well, ruling that cameras will be allowed in the courtroom. 

Bryan Kohberger is charged with four counts of murder in connection with the deaths of Madison Mogen, Kaylee Goncalves, Xana Kernodle, and Ethan Chapin, who were killed in their off-campus home on November 13th, 2022.

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