Judge twice denies Bryan Kohberger’s request to dismiss Idaho murders indictment

A Latah County judge has twice denied Moscow murder suspect Bryan Kohberger’s requests to dismiss the grand jury indictment against him.

Latah County District Judge John Judge wrote in an order Friday that the grand jury, which indicted Kohberger, was presented with enough evidence to find probable cause that he killed four University of Idaho students in a home off campus last year.

Madison Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin were stabbed to death in the house just off King Road in Moscow on Nov. 13, 2022. Kohberger has been charged with four counts of first-degree murder and burglary in their deaths.

His defense has continued to challenge evidence in the case, disputing some methods including investigative genetic genealogy, which investigators used to find Kohberger from DNA left at the crime scene. The DNA was then matched to him through a cheek swab taken while he was in custody, court records say.

In addition to these disputes, Kohberger and his attorneys have asked twice for the May indictment to be dismissed.

The first motion, filed by the defense on July 25, argued that the grand jury was wrongfully instructed to return an indictment because jurors did not come to their conclusion “beyond a reasonable doubt.”

According to Idaho law, the standard of proof is somewhat lower for grand juries versus trial juries. Grand juries must only return an indictment if they find probable cause based on “evidence that would lead a reasonable person to believe … that the accused party has probably committed the offense.”

Trial juries must find someone guilty if they believe a crime was committed beyond a reasonable doubt.

On Friday, Judge wrote the standard for grand juries to return an indictment is based only upon probable cause, effectively denying Kohberger’s first dismissal motion.

The second motion to dismiss the indictment, filed by Kohberger and his attorneys on Aug. 23, claimed the grand jury was biased and was presented with inadmissible evidence. It claimed the state lacked sufficient evidence and that state prosecutors were engaged in some type of misconduct when presenting the case to the grand jury.

Judge also denied this motion, but was less thorough in his order because the arguments surrounding the evidence are sealed.

He wrote that his order was only for the public’s benefit, but said “Kohberger has failed to successfully challenge the indictment.”

“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,” Judge wrote.

Koherger has waived his right to speedy trial, so when and where it will take place haven’t been determined. The state is seeking the death penalty.