University of Idaho Murders


Kohberger's defense files 'Motion to Dismiss' in relation to the murders of four U of I students

Request to dismiss all charges, or remand a preliminary hearing, was filed July 25
Bryan Kohberger in court
Posted at 7:17 PM, Jul 27, 2023

LATAH COUNTY, Idaho — Several motions were filed this week in the State's case against Bryan Kohberger, who is charged with four counts of first-degree murder and one count of felony burglary in the slaying of four University of Idaho students in November 2022.

At the beginning of the week, when Kohberger's alibi was due, the defense, instead, remained silent suggesting that his alibi would be submitted when evidence became available, or through witness and expert testimony in his trial.

RELATED | Bryan Kohberger maintains silence and does not provide alibi for night of U of I murders

Since then, both sides have been busy filing motions.

Most notably, Kohberger's defense team filed a Motion to Dismiss, requesting to dismiss the charges entirely or remand for a preliminary hearing on the grounds that the Grand Jury was misled as to the standard of proof required for an indictment.

The defense team also filed a Second Motion for a Stay of Proceedings, asking for a pause in the court process without waiving the right to a speedy trial, while challenging the grand jury selection process and questionnaire.

The State, in response to the defense not providing an alibi as was ordered, filed a Motion to Compel, requesting the Court require an alibi be submitted, including places and times of the defendant's whereabouts when murders occurred, as well as the names and addresses of all witnesses who the defendant intends to use to corroborate his alibi.

Both sides have submitted motions asking for attachments and exhibits relating to these requests being sealed, concerned about information being made public and disrupting the trial proceedings.

Judge John Judge has ordered all attachments, exhibits, and affidavits to be sealed as requested. The Judge also ordered to provide the jury panel selection list from January 1, 2023, thru June 30, 2023, to the defense, as they had requested. However, the order states that the list is not to be duplicated nor dispersed, and violation would be contempt of court and subject to sanctions. The list is to remain sealed to protect the privacy of the potential jurors.

RELATED | The State asks for Court to rescind partial stay in case against Bryan Kohberger

Kohberger is facing four first-degree murder charges in the deaths of Kaylee Goncalves, Madison Mogen, Xana Kernodle, and Ethan Chapin, and a felony burglary charge from November 2022.

His trial is scheduled to begin on October 2, 2023, as Kohberger is exercising his right to a speedy trial.

A hearing has been scheduled for August 18, 10:30am PT to address:

  • State's June 16 Motion for Protective Order
  • State's July 17 Motion to Reconsider Order Staying Time for Speedy Trial
  • State's July 17 Motion for Scheduling Order
  • State's July 27 Motion to compel "Notice of Defense of Alibi"