Judge Denies Bryan Kohberger’s Motion To Dismiss Indictment For Murders Of 4 Idaho College Students For Second Time

Latah County, Idaho, District Judge John Judge has denied the motion to dismiss the quadruple homicide indictment against Bryan Kohberger handed down in May.

The motion was filed by Kohberger’s attorneys on August 23.

The judge said in an order that the grand jury that indicted Kohberger had been presented with sufficient evidence to find probable cause that, in November 2022, he killed four students of the University of Idaho in a home off campus.

These victims were Kaylee Goncalves, 21, Madison Mogen, 21, Xana Kernodle, 20, and Ethan Chapin, 20.

Idaho law says that the standard of proof is moderately lower for grand juries in contrast to trial juries.

Grand juries should only return an indictment if they find probable cause based on evidence that would have a rational person believe that the accused most likely committed the offense.

Trial juries, on the other hand, are required to find someone guilty if they believe a crime had undoubtedly been committed by the individual .

Judge mentioned in the order that the standard for grand juries to return an indictment is based solely upon probable cause, thereby denying Kohberger’s first motion for a dismissal.

The second motion to dismiss the indictment stated that the grand jury was biased and presented with invalid evidence.

Kohberger’s lawyers argued that the state did not have sufficient evidence and that state prosecutors had engaged in misconduct while they presented the case to the grand jury.

“Kohberger has failed to successfully challenge the indictment,” the judge declared. “Kohberger was indicted by an impartial grand jury who had sufficient admissible evidence to find probable cause to believe Kohberger committed the crimes alleged by the state.”

Kohberger has renounced his right to a speedy trial, meaning the date and location have yet to be confirmed.

The state of Idaho is currently seeking the death penalty.

In June, a cheek swab was taken from Kohberger, which found a match in the DNA from the knife used as a murder weapon.

On October 26, Judge denied the first motion made by Kohberger’s lawyers to dismiss the indictment. This motion suggested a lack of useful evidence and prosecutorial misconduct.