Kohberger attorney makes last-minute bombshell request
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Defense lawyers representing Bryan Kohberger have submitted a surprising last-minute request to postpone his impending trial related to the murder of four college students in Idaho.

Kohberger, aged 30, was scheduled to begin a capital murder trial in August concerning the killings of University of Idaho students Kaylee Goncalves, 21; Madison Mogen, 21; Xana Kernodle, 20; and her boyfriend Ethan Chapin, 20, which occurred in November 2022.

However, a recent court document filed by his legal team claims that a recent episode of NBC’s Dateline breached the gag order that has been enforced 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.’

Quadruple homicide suspect Bryan Kohberger was due to face a capital murder trial in August

Quadruple homicide suspect Bryan Kohberger was due to face a capital murder trial in August

Kohberger is accused of murdering University of Idaho students Kaylee Goncalves, 21; Madison Mogen, 21; Xana Kernodle, 20; and her boyfriend Ethan Chapin, 20

Kohberger is accused of murdering University of Idaho students Kaylee Goncalves, 21; Madison Mogen, 21; Xana Kernodle, 20; and her boyfriend Ethan Chapin, 20

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.

Kohberger's attorneys argue the news program may make it difficult to find an impartial jury

Kohberger’s attorneys argue the news program may make it difficult to find an impartial jury

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.’ 

After allegedly killing the college students, Kohberger returned to his home in Pullman, Washington - where he took this selfie showing him giving a thumbs up from the bathroom

After allegedly killing the college students, Kohberger returned to his home in Pullman, Washington – where he took this selfie showing him giving a thumbs up from the bathroom

Kohberger also allegedly made nearly two dozen trips to the victims' King Road house in the months leading up to their murders

Kohberger also allegedly made nearly two dozen trips to the victims’ King Road house in the months leading up to their murders 

The damning Dateline report had claimed that Kohberger – who was then a graduate criminology student at the nearby Washington State University – 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. 

At the same time, Kohberger allegedly searched for pornography containing the keywords ‘drugged’ and ‘sleeping,’ and Googled the phrase ‘Sociopathic Traits in College Students’ as he was struggling to work as a teaching assistant, Dateline reported.

Then, Dateline claims, after he was pulled over by police in October 2022 and was seen politely conversing with an officer about traffic laws, Kohberger allegedly searched ‘Can psychopaths behave pro-socially.’

A damning report suggests that after Kohberger was pulled over by police in October 2022 and conversed with an officer about traffic laws, he searched: 'Can psychopaths behave pro-socially'

A damning report suggests that after Kohberger was pulled over by police in October 2022 and conversed with an officer about traffic laws, he searched: ‘Can psychopaths behave pro-socially’

Prosecutors now allege that Kohberger broke into the University of Idaho students’ home on King Road shortly after they had gone to bed from a night partying on November 13 and stabbed them all to death.

His white Hyundai Elantra was allegedly caught on a neighbor’s home security footage at around 3.30am, and was seen circling around the block multiple times over the next half hour, according to Dateline.

By 4.07am, the vehicle came back drove by once again – then didn’t come back into view until 4.20am, when it was seen speeding off.

During that 13-minute window, sources close to the investigation said Kohberger went directly upstairs to Mogen’s bedroom – where he allegedly killed her and Goncalves.

He is accused of then turned his attention to Kernodle on his way back out the house, killing her as she was up ordering food, and then targeted her boyfriend, Chapin, whom Kohberger allegedly ‘carved.’ 

Kohberger was ultimately arrested six weeks after the grisly murders, while at his parents' home in Albrightsville, Pennsylvania, where he had returned for the holidays.

Kohberger was ultimately arrested six weeks after the grisly murders, while at his parents’ home in Albrightsville, Pennsylvania, where he had returned for the holidays.

He has repeatedly maintained his innocence, with his lawyers previously claiming he just likes to take long drives at night

He has repeatedly maintained his innocence, with his lawyers previously claiming he just likes to take long drives at night

Meanwhile, data from Kohberger’s phone indicate he turned it off before 3am that morning, and when he apparently turned it back on at around 4.48am, it connected with a cellphone tower south of Moscow.

But the phone also appeared to be briefly back in the city shortly after 9am, when Kohberger reportedly returned to his apartment in Pullman, Washington, where he took a chilling selfie – giving the thumbs up pose in a bathroom mirror.

In the days that followed, Dateline reports, Kohberger searched for a program about serial killer Ted Bundy and a YouTube video about the King Road victims.

Then, as police continued their multi-state search for the suspect, Kohberger reportedly searched for even more videos of Ted Bundy, the song Criminal by Britney Spears as he took additional selfies – including one in which he was seen wearing a black hoodie, just like how Bundy was dressed in one of the videos.

Kohberger was ultimately arrested six weeks after the grisly murders, while at his parents’ home in Albrightsville, Pennsylvania, where he had returned for the holidays.

It came after DNA found on a Ka-Bar leather sheath that was left next to Mogen’s lifeless body came back a match to the criminology student.

Prosecutors have also claimed his shopping history reveals that he bought a Ka-Bar knife, sheath and sharpener from Amazon back in March 2022.

But Kohberger has maintained his innocence, and his defense team has tried to write off his repeated visits to Moscow – saying he simply likes to take long drives alone at night. 

They have claimed his cellphone data would prove he was nowhere near the crime scene on the night of the murders. 

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