Kohberger defense asks judge to delay Idaho murder trial after case details leak
Attorneys for Bryan Kohberger, the man charged with killing four University of Idaho students, asked the presiding judge to postpone the long-awaited murder trial this summer in Boise, citing disclosure of previously unreleased case details that may have violated the court’s gag order earlier this month in an episode of NBC’s “Dateline.”
Led by attorney Anne Taylor, Kohberger’s public defense team filed Tuesday for the delay, just two months before the scheduled start of jury selection in late July. Her client’s capital murder trial is slated to begin Aug. 11.
The defense’s request, in a 40-page brief that posted to a state courts website Wednesday afternoon, came less than a week after 4th District Judge Steven Hippler invited a formal request to consider appointing a special prosecutor to investigate the source of the “Dateline” information. The legal filing, signed by Taylor, referenced the need to protect Kohberger’s constitutional rights to a fair trial, including to provide enough time for the defense to review all outstanding investigation materials to prepare to defend their client effectively.
“While prompt administration of justice is important — to both the state and Mr. Kohberger — the constitutional guarantee of a fair trial outweighs modest delay,” Taylor wrote. “And, because the majority of cases ending in the death penalty are later overturned for error, the public interest lies in ensuring a fair trial in the first instance.”
The defense has yet to file any requests for the appointment of a special prosecutor to suss out potential sources of the leaks to “Dateline.” Hippler last week ordered the prosecution, as well as the defense, to preserve all documents and communications, and submit to him a list of anyone who has been involved in the case.
Kohberger, 30, is suspected of fatally stabbing four U of I students in November 2022 at an off-campus home in Moscow. At the time, he was a Ph.D. student in the criminal justice and criminology department at Washington State University in nearby Pullman. Kohberger was arrested in late December 2022 after a nearly seven-week homicide investigation.
The victims were Madison Mogen, 21, of Coeur d’Alene; Kaylee Goncalves, 21, of Rathdrum; Xana Kernodle, 20, of Post Falls; and Ethan Chapin, 20, of Mount Vernon, Washington. The three women lived in the home on King Road in Moscow with two female roommates who went physically unharmed. Chapin was Kernodle’s boyfriend and stayed over for the night.
Kohberger, who is originally from eastern Pennsylvania, faces four counts of first-degree murder and one count of felony burglary. A judge entered not guilty pleas to all charges on his behalf, and his defense has maintained his innocence for more than two years leading up to his high-profile trial, which was moved from Moscow to Boise late last year.
Idaho is one of 27 U.S. states with capital punishment. If a jury finds Kohberger guilty, prosecutors intend to seek the death penalty.
‘A narrative of guilt’ regarding Kohberger
Kohberger’s attorneys took particular aim at the “Dateline” episode in Tuesday’s filing, and pointed to a current or former member of law enforcement or the prosecution team as the likely source of the information. The episode cited unnamed sources close to the investigation and included unreleased surveillance camera footage from a neighboring home, as well as a variety of data purported to be directly from Kohberger’s cellphone, such as Google searches, photos and call logs.
The court’s nondissemination order, colloquially known as a gag order, prevents the defense and prosecution from speaking about the case publicly outside of court. Law enforcement is included under the restriction as agents of the prosecution.
“The leaked materials appear carefully curated to promote a narrative of guilt,” Taylor wrote. “It raises urgent and serious questions about the objectivity, judgment, and credibility of the individuals tasked with investigating and presenting the state’s evidence — particularly those who may be called as witnesses. The identity of those involved, their motives, and any efforts to conceal their conduct go directly to the heart of witness credibility and the integrity of the state’s case.”
They also noted that a new book about the closely watched case — the third from a major publisher before trial begins — is scheduled for release in mid-July, timed to the current start time of the trial.
“The publisher boasts of ‘unmatched access’ to the investigation, including interviews with ‘local law enforcement,’ ” the filing read. “This suggests that the apparent ‘Dateline’ leak was not the only violation of this court’s nondissemination order.”
Hippler offered skepticism in response to Taylor’s position at a hearing last month that her team remained overwhelmed by the amount of information turned over by the prosecution in discovery, and therefore might not be ready for trial. He suggested the defense bring on additional paralegals to help sift through any potential evidence Taylor and her team had yet to review.
“It sounds like you would never know what you don’t know,” Hippler told her. “Given what you’ve told me, it’s going to take 18 billion years to get through.”
“Well, I don’t think it’ll take 18 billion years, your honor,” Taylor responded.
But the alleged information leak to “Dateline” created a new avenue for the defense to bolster its pursuit of a postponement. The details released in that two-hour special were a “massive breach” in the short window ahead of the scheduled trial, said Boise-based criminal defense attorney Edwina Elcox.
“It’s incredibly problematic that this happened. And it’s not a neutral perspective. It’s that Kohberger did it,” she said in a phone interview with the Statesman. “I think if there’s any reason Judge Hippler grants a continuance, it’s this one. They have to get to the bottom of this.”
Closed-door court hearing Wednesday
Also Wednesday, attorneys met with Hippler for a closed-door hearing. Little is known about the remote-only hearing that restricted public access, other than its title: “Discussion regarding the role of victims.”
Besides the prosecution and defense teams, Shanon Gray, attorney for the family of victim Kaylee Goncalves, was listed on a court record as among those invited to attend. Goncalves’ parents, Steve and Kristi, have voiced their frustrations about the length of time before the trial of their daughter’s accused killer begins.
“One step forward, two steps back. Are we ever going to get there???” the Goncalveses posted to a family Facebook page the day after a public court hearing last week, at which Hippler scheduled another pretrial hearing for next month.
Gray did not respond Wednesday to a request from the Statesman for comment from his clients.
At last week’s hearing, Hippler said he considered the two surviving roommates “technically victims of the burglary.” As such, he will reserve two seats in the courtroom for them each day of the trial, should they choose to attend, and also said he would broadcast only the audio of their expected testimony on the court’s livestream of the trial.
“I don’t know whether they would have any desire to be here,” Hippler said. “I suspect not, given the way they’ve been treated in the media. But, if they do, they have seats available.”
Unless Hippler decides otherwise, Kohberger’s trial remains on the docket for this summer at the Ada County Courthouse in Boise. He planned for it to last into November, including possible sentencing with a conviction.
“A continuance will ensure that Mr. Kohberger’s fundamental constitutional rights are honored, and that any verdict rendered rests on a fair and complete presentation of the facts, not on forced haste,” Taylor wrote in the motion to postpone the trial’s start.
Kohberger’s next scheduled court appearance is Wednesday, June 18.
This story was originally published May 21, 2025 at 1:15 PM with the headline "Kohberger defense asks judge to delay Idaho murder trial after case details leak."
