Idaho prosecutors want a summer trial for accused murderer Bryan Kohberger to avoid having the University of Idaho in session during the six-week trial.
Prosecutors filed a motion Thursday asking that the trial, expected to last six weeks, be removed from the academic calendar of colleges and high schools near the courthouse.
The filing came a week after Kohberger's defense team visited the crime scene where he is accused of killing four university students. The off-campus house in Moscow, Idaho, is scheduled to be demolished on December 28th.
Earlier this week, Judge John C. Judge denied a second motion to dismiss the case against Kohberger.
A judge entered a not guilty plea on Kohberger's behalf on four counts of first-degree murder for the November 2022 deaths of the four students.
Idaho prosecutors leading the case against Bryan Kohberger, who allegedly murdered four people, are asking that the trial be set for the summer of 2024 to avoid the presence of students
The filing came a week after Kohberger's defense team visited the crime scene where he is accused of killing four university students. The off-campus house in Moscow, Idaho, is scheduled to be demolished on December 28th
The former criminology doctoral student is accused of fatally stabbing Kaylee Goncalves (21), Maddie Mogen (21), Xana Kernodle (20) and Ethan Chapin (20) on November 13, 2022. Victims (LR) Kaylee Goncalves, Madison Mogen (on Kaylee's shoulders), Ethan Chapin and Xana Kernodle
The former criminology doctoral student is accused of fatally stabbing Kaylee Goncalves (21), Maddie Mogen (21), Xana Kernodle (20) and Ethan Chapin (20) on November 13, 2022
“The state proposes that the court schedule the trial for the summer of 2024 and that the trial dates avoid times when the Moscow High School and our regional universities are in session,” prosecutors wrote in a motion.
They cited the close proximity of the high school and other universities to the courthouse and the expected media presence during the trial for requesting a summer date.
“It is not uncommon for housing to be unavailable in the area due to university-related activities such as sporting events, graduation ceremonies, etc.,” the filing states.
Prosecutors also asked that the trial be held from 8:30 a.m. to 3 p.m., saying it would be “appropriate to give the jury some time to attend to their personal business.”
“Having more time in the afternoon will allow the parties to better prepare and the court and its attorneys will have adequate opportunity and time to address any motions,” prosecutors said.
Prosecutors also said Kohberger's lawyers had ample opportunity to offer an alibi and asked the court to consider the matter raised.
“The State offers the defendant the opportunity to disclose an alibi and notify the State that this has passed and asks the court not to reopen this matter.”
Kohberger waived his right to a speedy trial, delaying the proceedings indefinitely and giving the FBI agents time to undergo recovery
The house is expected to be demolished on December 28 as relatives and experts warned that evidence could be lost and demanded that jurors see a crime scene that was left “dripping with blood.”
Investigators have already built the physical replica of the house when it was occupied by the victims (shown with floor plan).
The motion was filed a week after Kohberger's defense team visited the three-story, off-campus apartment building where he allegedly committed the murders.
The house is expected to be demolished on December 28 as relatives and experts warned evidence could be lost and demanded jurors see a “blood-soaked” crime scene.
Investigators allege Kohberger broke into the students' home around 4 a.m. and fatally stabbed Kernodle and her boyfriend, Ethan Chapin, 20, as the couple slept on the second floor.
They also found DNA they believe belonged to him on a knife sheath in the third-floor bedroom where Kaylee Goncalves, 21, and Maddie Mogen, 21, were found dead.
The rental property was donated to the college by its owner after the murders, and its president, Scott Green, insisted on the need to demolish it, calling it a “dark reminder of the heinous act that took place there.”
“While we appreciate the emotional connection some of the victims’ family members have to this home, it is time to remove it and continue our community’s collective healing,” he said.
The college plans to create a memorial garden designed by its own architecture students in its place, but experts have supported the families' concerns.
“In certain cases, being able to view the crime scene is extremely important,” said local defense attorney Edwina Elcox, whose clients included Idaho “Cult Mother” killer Lori Vallow.
“Videos and images can be helpful, but they may not represent the scene as accurately as an in-person visit would,” she told Fox News.
“The house should be preserved until the trial is completed or Kohberger pleads guilty.”
“I don’t understand why the house has to be torn down before the trial,” added retired NYPD sergeant Joseph Giacalone, now an associate professor at the John Jay College of Criminal Justice.
“I understand that the school wants to 'move on,' but it is important to walk the jury through the crime scene when needed, to give them a perspective that photos simply cannot provide.”
Kohberger was arrested about 2,300 miles from the crime scene in Pennsylvania. He attended college in nearby Washington state
Kohberger, meanwhile, has maintained his innocence in the case, and due to an extensive gag order, few details have come to light
Earlier this week, Judge John C. Judge denied a second motion to dismiss the case against Kohberger after denying a motion on the grounds that inaccurate instructions were given to the grand jury in October.
“Kohbegher failed to successfully challenge the indictment due to jury bias, lack of sufficient admissible evidence, or prosecutorial misconduct,” states the District Court filing for the Second Judicial District of Idaho.
“Kohberger was indicted by an impartial grand jury that had sufficient admissible evidence to find probable cause to believe that Kohberger committed the crimes alleged by the State,” it continues.
“Furthermore, the state committed no criminal misconduct in presenting its case to the jury.”
In October, the defense and prosecution attended a closed hearing and the defense argued that prosecutors had not fully complied with Title 2 of the Idaho Code – which relates to jury selection and serving.
The judge at the time signaled he would deny the motion to dismiss, and Friday's written decision said he granted that request.
“The defense's arguments for the 'beyond a reasonable doubt' standard for the grand jury were historically interesting and creative, but do not overturn the Idaho courts' interpretation of the law, jurisprudence and sentencing rules,” he wrote.
Kohberger could face the death penalty if convicted in court
The way the killer navigated the three-story home in the early hours of a November morning to kill the four students sleeping in separate rooms and floors has raised questions about his motives
The verdict comes as Kohberger's defense team, led by Anne Taylor, Kootenai County's chief public defender, continues to say the grand jury indictment should be dismissed, calling into question the standards used in the state of Idaho over the last century.
The defense previously said it would dispute the notion that Kohberger's DNA was left on the knife sheath at the crime scene, and also argued that DNA from three other unidentified men was also found at the crime scene in Idaho.
They are also demanding more information about how the FBI used the DNA to create family trees that led them to Kohberger and his father, who were arrested early this morning in Pennsylvania nearly a year ago.
Prosecutors allege the killer left the military knife sheath behind and it was found next to one of the victims on the third floor of the college dormitory.
Kohberger, a criminology graduate student at nearby Washington State University, was arrested on Dec. 30 during a raid on his parents' home in Poconos Mountains, Pennsylvania.
The trial was originally scheduled for October 2 this year, but was postponed indefinitely after Kohberger waived his right to a speedy trial.