The judge presiding over Bryan Kohberger’s murder trial has denied a motion to pause the case over defense concerns about the grand jury process.
Judge John Judge also withdrew an earlier order adding 37 days to the speedy trial clock, although that decision is moot since Kohberger waived his right to a speedy trial on August 23.
10052023 Order Denying Defendant Motion to Stay Proceedings and Withdrawing Order Staying Time for Speedy T… by kc wildmoon on Scribd
Kohberger is accused of the brutal stabbing deaths of four University of Idaho students in their off-campus rental on November 13, 2022. He has pleaded not guilty, and his defense team, led by public defender Anne Taylor, has filed multiple motions challenging various aspects of the case, including the grand jury issues.
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“As articulated on the record, the issues raised in Kohberger’s Second Motion to Stay Proceedings do not constitute a substantial failure to comply with the procedures for selecting a grand jury,” Judge wrote in his order. “The issues raised either fall outside the purview of Idaho Code Title 2, Chapter 2, jury selection and service, or are typical problems seen routinely in selecting juries (i.e., individuals called for jury duty failing to appear thereby reducing the number of potential jurors in the jury pool).”
When Kohberger waived his right to a speedy trial, the planned October 2 start date for the trial was vacated. A new trial date has not been set, although Judge has ordered a hearing on October 26 for a defense motion to dismiss the grand jury indictment.
The defense filed a 109-page motion claiming the grand jury was biased, given inadmissable evidence, and not given sufficient evidence and that the prosecutors withheld exculpatory evidence. The hearing on that motion will be closed to the public.
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