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Attorneys for Bryan Kohberger, who has been accused of killing four University of Idaho students, are asking that his trial be delayed.
The court filing cites that a recent NBC “Dateline” special has caused prejudice towards Kohberger and that they now need additional time to prepare.
The defense also believes that moving forward would infringe on Kohberger’s constitutional rights.
JUDGE SAYS GAG ORDER ‘LIKELY’ VIOLATED IN BRYAN KOHBERGER’S IDAHO MURDER CASE
Bryan Kohberger enters the courtroom for his arraignment hearing in Latah County District Court, May 22, 2023 in Moscow, Idaho. Kohberger is accused of killing four University of Idaho students in November 2022. (Zach Wilkinson-Pool/Getty Images)
“Motion to Continue due to the substantial amount of trial investigation and preparation still outstanding, as well as recent and forthcoming publicity that is highly prejudicial to the defense,” the filing said. “Any conviction and sentence resulting from a capital trial beginning in August 2025 will be unconstitutionally imposed and, therefore, vulnerable to reversal on direct or collateral review.”
New information about the murders was presented during the May 9 NBC “Dateline” program, which included surveillance footage from a nearby house. The surveillance video showed a car similar to Kohberger’s that was in the area of the King Road house several times just before the four students were killed.
Brian Kohberger: Arrested for four counts of alleged first-degree murder and one count of burglary in Monroe County, Pennsylvania in December 2022. Kohberger was granted a change of venue and rebooked in Ada County, Idaho in September 2024. (Ada County Sheriff’s Office)
The episode also suggested that some of the information aired was nonpublic. According to the documents, the material was obtained from sources close to the investigation.
Kohberger’s attorneys also brought up concerns regarding an upcoming book on the case. They claim in the filing that the book’s promotional blurb implies the information leaked to the Dateline crew was not the only incident.
“A continuance is necessary to fully investigate the leaks and to mitigate the prejudicial effects of such inflammatory pretrial publicity occurring so close to the current trial date,” it stated.
Wendy Olson, center, an attorney representing a coalition of news organizations including The Associated Press, speaks during a hearing in Latah County District Court, Wednesday, Sept. 13, 2023, in Moscow, Idaho, after asking Second District Judge John C. Judge to continue to allow cameras in the courtroom in the trial of Bryan Kohberger, second from left, who is accused of killing four University of Idaho students in November 2022. (AP Photo/Ted S. Warren, Pool)
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Forensic expert and Jacksonville State University Professor Joseph Scott Morgan told Fox News Digital there’s a risk that the TV episode on Kohberger will taint the jury pool.
“I think the first place you have to look is the tainting of the pool, of the jury pool,” Morgan said. “Progressively, it becomes more and more difficult because people form opinions, they put things out there that are not true, and you still have yet to pick a jury. And it’s not like you’re going to Manhattan. You’re talking about Ada County, Idaho. You have a limited pool of potential jurors there.”
Fox New Digital’s Adam Sabes contributed to this report.
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