Kohberger attorney calls to delay trial in murder of Idaho college students in bombshell last-minute request

Defense attorneys representing quadruple homicide suspect Bryan Kohberger have filed a bombshell last-minute request to delay his upcoming trial.

Kohberger, 30, was set to face a capital murder trial in August for the November 2022 murders of University of Idaho students Kaylee Goncalves, 21; Madison Mogen, 21; Xana Kernodle, 20; and her boyfriend Ethan Chapin, 20.

But in a new filing, his attorneys argue that an episode of NBC’s Dateline that aired earlier this month violates a gag order that has been in place since 2023.

The episode had revealed new details about the killings, including the suspected killer’s phone records, porn choices and online searches for Ted Bundy.

It also aired never-before-seen surveillance footage of a suspect vehicle fleeing the horrific crime scene on November 13, 2022.

‘The show repeatedly emphasizes the nonpublic nature of this information, stating it was obtained from unnamed sources wo are close to the investigation and that the materials were obtained exclusively by Dateline,’ reads the 40-page motion.

‘Much of the “investigative” materials presented by Dateline was taken out of context and will not be admissible at trial because it lacks reliability,’ Kohberger’s attorneys argued.

‘Moving forward with a capital murder trial in August will infringe upon Mr. Kohberger’s constitutional rights, as counsel requires more time to review discovery, complete investigations and prepare for trial.’

The defense’s motion comes just one week after Judge Steven Hippler said the Dateline special proved there had been a leak by someone close to the investigation.

He then ordered prosecutors and defense attorneys to give him a full list of everyone – from staffers to law enforcement officials and defense consultants – who may have had access to the information presented in the show.

Hippler then warned that the show could make it more difficult to seat an impartial jury when Kohberger goes on trial this August. 

Defense attorneys then made the same argument in their motion, filed on Tuesday.

They argued that the show ‘carries a heightened aura of credibility and secrecy that can deeply influence public perception.

‘When viewers are presented with a cohesive, visually reinforced sequence of events – especially when paired with commentary from individuals styled as experts – the overall presentation fosters a sense of authenticity and truthfulness that is difficult for viewers to disregard,’ the motion says.

‘An occasional, passing verbal disclaimer functions more as a legal formality than a meaningful check on prejudicial perception, and most viewers will leave with the impression that they have seen a reliable reconstruction of events,’ it continues.

The defense also says the leak 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 effort to conceal their conduct go directly to the heart of witness credibility and the integrity of the State’s case,’ the motion says.

Moreover, it notes that bestselling author James Patterson is coming out with his own book about the murders – which is scheduled to be released just 16 days before jury selection is set to begin.

‘The publisher boasts of “unmatched access” to the investigation, including interviews with “local law enforcement,”‘ Kohberger’s lawyers write.

‘This suggests that the apparent Dateline leak was not the only violation of this court’s non-dissemination order.’

They then conclude that ‘at the very least’ the trial should be delayed ‘to allow the extremely prejudicial impact to partially subside and to give the Court and the defense time to fully investigate and address the scope of the violations.

‘Only then can the conditions necessary for selecting an impartial jury and ensuring a fair trial under the Sixth and Fourteenth Amendments be meaningfully restored.’ 

The damning Dateline report had claimed that Kohberger – who was then a graduate criminology student at the nearby Washington State University – had saved dozens of photos of female students at both Washington State and the University of Idaho, many of whom were in bathing suits.

Those photos apparently came from a pool party Kohberger had been invited to in Moscow on July 9 – and a review of the accounts that had posted the photos found that a number of them were close friends with Kernodle, Goncalves and Mogen.

Kohberger had even allegedly returned to Moscow after dark following the pool party, and data from his cellphone showed it connected to a cellphone tower near the victims’ off-campus house a total of 23 times over the course of four months.