Bryan Kohberger: Judge Nixes Attempt to Dismiss Grand Jury Indictment, Will Review DNA Evidence in Private Before Ruling

Accused Idaho killer Bryan Kohberger is set to appear in a new court for the first time after successfully securing a venue change.

Thursday’s hearing in Boise, while expected to be a brief session to update the new judge, signals the start of a new phase in Kohberger’s case. He could face the death penalty if convicted.

Experts anticipate no surprises but note the new judge will assert his authority as he takes over the proceedings.

“It’s just a check-in, since the case was moved, and probably just to let the parties know what he expects going forward,” Boise-based defense lawyer Edwina Elcox, who isn’t involved in the case proceedings, told Fox News Digital.

At Kohberger’s arraignment last year, the former judge entered not guilty pleas for him on four first-degree murder charges and a felony burglary charge.

His defense team has requested the court to dismiss the death penalty option. A hearing to address the capital punishment matter is set for November 7, nearly two years after the killings occurred.

According to Idaho News 6, the hearing is scheduled for 2 p.m. MST, at the Ada County courthouse.

Seating in the courtroom will reportedly operate on a first-come basis, with specific sections set aside for the families of the victims and the defendant, legal teams, security, and other groups.

Watch a livestream of the hearing here.

Ethan Chapin, Madison Mogen (left); Xana Kernodle and Kaylee Goncalves (right)/Instagram
Left, Madison Mogen and Kaylee Goncalves and right, Ethan Chapin, Xana Kernodle;/Instagram

As CrimeOnline previously reported, Kohberger, a former Washington State University student, is accused of murdering Ethan Chapin, Xana Kernodle, Madison Mogen, and Kaylee Goncalves on November 13, 2022, at an off-campus home near the school.

Kohberger’s attorneys have claimed Kohberger was not at the crime scene and was driving around alone the night Madison Mogen, Xana Kernodle, Ethan Chapin, and Kaylee Goncalves were fatally stabbed.

Mogen was found dead in bed next to Goncalves, and a knife sheath was reportedly discovered near their bodies.  Downstairs, on the second floor, Kernodle was found slain next to Chapin, her boyfriend. Two surviving roommates discovered the bodies and called the cops.

Police claimed Kohberger visited the area 12 times before the slayings and that he turned off his phone on the night in question.

Investigators tested DNA from a trash can outside Kohberger’s family home in Pennsylvania against DNA found on the sheath at the crime scene. Testing determined that “at least 99.9998% of the male population would be expected to be excluded from the possibility of being the suspect’s biological father.”

At the time of the slayings, Kohberger was obtaining his Ph.D. in criminology from Washington State University, which is located 10 miles from the crime scene. He was arrested in Pennsylvania in December 2022, after taking a cross-country road trip with his father from Washington to Pennsylvania.

Prosecutors filed court documents detailing their intent to pursue the death penalty as they deemed the slayings were “especially heinous, atrocious, or cruel.” The defense is pushing to toss the death penalty from the case.

A hearing regarding the possibility of capital punishment is scheduled for November 7.

Check back for updates.

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