Defense attorneys for Bryan Kohberger have filed a motion requesting a delay in his upcoming trial, which is currently scheduled to begin in August. Kohberger, 30, faces charges in the November 2022 murders of four University of Idaho students. His legal team argues that a recent episode of NBC’s Dateline, which aired earlier this month, violated a gag order that has been in place since 2023.
According to the defense, the episode featured video footage, cellphone data, and document images that are not publicly available and were reportedly obtained from anonymous sources close to the investigation. The motion claims the program emphasized the exclusive and nonpublic nature of this material and that much of the information was taken out of context and would not be admissible in court due to questions about its reliability.
Kohberger, a former criminal justice graduate student at Washington State University, is accused of fatally stabbing Kaylee Goncalves, Madison Mogen, Xana Kernodle, and Ethan Chapin at their off-campus residence in Moscow, Idaho. He was arrested weeks later, and prosecutors have indicated they will pursue the death penalty if he is convicted.
The defense, led by attorney Anne Taylor, stated that proceeding with a capital trial in August would violate Kohberger’s constitutional rights, as they need more time to review evidence, finish investigations, and prepare for court.
The May 9 Dateline episode also alleged Kohberger searched for topics related to serial killer Ted Bundy and disturbing forms of pornography before the murders. Additionally, a new selfie of Kohberger in a hoodie, dated December 28, 2022, was reportedly found on his phone; he was arrested two days later.
The 40-page motion follows a recent statement from Judge Steven Hippler, who expressed willingness to appoint a special prosecutor to investigate the source of the leaks featured in the Dateline episode. He also ordered both prosecution and defense teams to provide a list of individuals with access to the leaked materials.
Frustration over delays is growing, with the Goncalves family posting on Facebook: “One step forward, two steps back. Are we ever going to get there???”
Another pretrial hearing is scheduled for June 18, during which the court will decide whether the defense can present the possibility of an “alternative perpetrator” during the trial.