Judge refuses to dismiss Kohberger's indictment

October 28, 2023
Robert Ayers

A judge has rejected Bryan Kohberger's latest attempt to have his case dismissed, Fox News reports

The 28-year-old Kohberger stands accused of four counts of first-degree murder and one count of felony burglary. Accordingly, the death penalty is on the table, should Kohberger be convicted.

The prosecution maintains that Kohberger, last November, killed four University of Idaho students: 21-year-olds Kaylee Goncalves and Madison Mogen and 20-year-olds Xana Kernodle and Ethan Chapin.

A plea of not guilty has been entered on Kohberger's behalf after he refused to plead. He and his legal team have been mounting a vigorous legal defense. But, thus far, it does not appear to be helping Kohberger.

The motion to dismiss.

As part of his defense, Kohberger's lawyers have argued that there are sufficient grounds for the grand jury's indictment of Kohberger to be dismissed.

"Earlier this year, defense attorney Jay Logsdon filed the motion to dismiss the murder charges against Kohberger, citing grand jury bias, 'inadmissible' and insufficient evidence, and prosecutorial misconduct," Fox reports.

On Thursday, the motion was argued orally during a court hearing. A specific point of contention were the instructions that were given to the grand jury.

The defense argued that the "beyond a reasonable doubt" standard ought to have been used rather than the "sufficient probable cause" standard. The latter is the standard that was given to the grand jury and it is the standard that is typically used for grand juries in Idaho.

The judge, on Thursday, also heard arguments about whether or not cameras ought to be allowed in the courtroom.

Motion denied

The judge overseeing the case - Judge John Judge of Idaho’s Second Judicial District in Latah County - has denied the motion to dismiss.

According to the Washington Examiner, Judge ruled that, during the grand jury proceeding, the burden of proof was properly met.

Judge, according to the outlet, also ruled that cameras will continue to be allowed in the courtroom. However, Judge said that he would have to control them better.

The judge said:

I’m not going to ban cameras in the courtroom, but I need more control over what cameras are doing and what media, not media is doing with the filming. I know I can only control so much, and that’s why I continue to urge people to be patient and have some dignity and some restraint.

All-in-all, it appears that Thursday's hearing was a loss for Kohberger and his defense.

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