Judge denies request to dismiss indictment in Idaho murders.
OAN’s Abril Elfi
6:13 PM – Thursday, October 26, 2023
Bryan Kohberger, the accused murderer of four University of Idaho students, had previously filed a motion requesting to dismiss the charges against him, however, his motion was dismissed by the judge.
On Thursday, Judge John Judge denied the motion that the 28-year-old suspect filed to dismiss the indictment in his upcoming trial, claiming that the grand jury was “given improper instructions” and requesting to set back his case to a preliminary hearing.
However, according to court records, the judge told his defense team that they would have to take the issues up with the Idaho Supreme Court, as he was bound to “existing law.”
“You know, I am constrained by existing law, I can’t just change it,” Judge said. “This is an issue you would have to bring with a higher court, [the] Idaho Supreme Court. I appreciate the argument, appreciate the journey back through history.”
In July, his lawyer asked for the indictment to be dismissed, claiming that prosecutors failed to give a grand jury panel sufficient directions when presenting the burden of proof before they chose to accuse him.
Due to incorrect instructions, his defense counsel requested Latah County Judge John C. Judge to dismiss the case and instead set a preliminary hearing, which would allow Kohberger’s lawyers to question state witnesses and potentially uncover material in the defendant’s favor.
Furthermore, Kohberger was asked to give his alibi, which his attorneys refused. His attorneys believe he was driving alone late at night on the night of the murders.
However, the court denied the motion, stating that the defense team had a “jarring theory” and that the grand jury was maintaining the “correct standard of proof of probable cause.”
Additionally, Kohberger asserted that he is “anxious” about cameras in the courtroom, claiming that allowing cameras in the room violates a judge’s instructions and jeopardizes his right to a fair trial.
Yet, the judge rejected this request as well, ruling that cameras will be allowed in the courtroom.
Bryan Kohberger is charged with four counts of murder in connection with the deaths of Madison Mogen, Kaylee Goncalves, Xana Kernodle, and Ethan Chapin, who were killed in their off-campus home on November 13th, 2022.
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What was the basis of Bryan Kohberger’s motion to dismiss the charges against him in the University of Idaho murder case?
Title: Judge Denies Motion to Dismiss Charges Against Bryan Kohberger in University of Idaho Murder Case
Introduction:
On October 26, 2023, Judge John Judge rejected a motion filed by Bryan Kohberger, the accused murderer of four University of Idaho students, to dismiss the indictment against him. Kohberger’s motion claimed that the grand jury had been given improper instructions and requested a return to a preliminary hearing. However, the judge ruled in favor of maintaining the existing law and directed the defense team to take the issue to the Idaho Supreme Court.
Background:
Bryan Kohberger, a 28-year-old suspect, stands accused of four counts of murder in connection with the deaths of Madison Mogen, Kaylee Goncalves, Xana Kernodle, and Ethan Chapin. The victims were tragically killed in their off-campus home on November 13th, 2022.
The Motion to Dismiss:
Kohberger’s defense team previously asked for the dismissal of the indictment, alleging that the prosecutors failed to provide sufficient directions to the grand jury regarding the burden of proof. They argued that a preliminary hearing would allow them to question state witnesses and potentially uncover evidence in favor of their client. However, Judge John Judge denied the motion, asserting that the grand jury had maintained the correct standard of proof and that the defense’s theory was merely “jarring.”
Addressing Alleged Irregularities:
In response to the defense’s concerns regarding incorrect instructions and a violation of the defendant’s right to a fair trial due to the presence of cameras in the courtroom, Judge Judge upheld the existing procedures. He rejected the request to dismiss the indictment and ruled that cameras would be allowed during the trial.
The Way Forward:
With the motion to dismiss denied, Bryan Kohberger’s case will proceed to trial. The defense team has been encouraged to pursue their concerns with the Idaho Supreme Court.
Conclusion:
Judge John Judge’s ruling denies Bryan Kohberger’s request to dismiss the murder charges against him. The court deemed that the grand jury was presented with the correct standard of proof and rejected the defense’s
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