Idaho murders: Ex-prosecutor weighs pros and cons of Bryan Kohberger's decision to delay trial
This article is based on sources and MEAWW cannot verify this information independently.
MOSCOW, IDAHO: A former prosecutor has shared his thoughts on the possible ramifications of Idaho murder suspect Bryan Kohberger's decision to delay his preliminary hearing. Kohberger is currently in custody for the November 13 fatal stabbings of Xana Kernodle, Ethan Chapin, Madison Mogen, and Kaylee Goncalves. He was apprehended in Pennsylvania on December 30 and extradited to Idaho the following week.
Kohberger waived his right to a speedy preliminary hearing during his court appearance on January 12, delaying the commencement of a future trial. Michael McAuliffe, a former federal prosecutor and Florida state attorney, reflected on the pros and cons of Kohberger's decision and noted it could give the state enough time to go public with the evidence, despite a gag order that has been issued in the case.
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McAuliffe said, "At a preliminary hearing, the prosecutors must formally establish probable cause for the charges initially brought against the defendant," as reported by Newsweek. He continued, "One potential advantage for the defense counsel in a preliminary hearing is that the state must "reveal enough evidence to hold the defendant over for trial."
On the flip side, "The government can present a one-sided version of the evidence, including telling its version of events in a public forum despite the court ban on commentary by the parties, and can choose not to present all of the evidence it has against the defendant," McAuliffe added.
Kohberger's hearing
Kohberger appeared in an Idaho court on Thursday for a status hearing and gave up his right to a prompt preliminary hearing, which would have required that it take place within two weeks, according to Anne Taylor, Kohberger's attorney, who spoke to Magistrate Judge Megan Marshall. The preliminary hearing is now set to begin on June 26 at 9.00 am local time.
According to Taylor, the hearing will probably last four or five days. She said, "He's willing to waive timeliness to allow us time to obtain discovery in the case and be prepared," CTV News reported.
How was Kohberger arrested?
Kohberger has not yet entered a plea in response to the allegations of first-degree murder and burglary. He was taken into custody in his native Pennsylvania on December 30. Kohberger, a PhD candidate at Washington State University's criminal justice and criminology department, was in the state to celebrate Christmas with his family when he was apprehended.
Leads that led to Kohberger's arrest
According to the affidavit, Kohberger's phone was in the area of the slain students' residence 12 times before the murders. Reportedly, the phone also pinged once close to the crime site after the deaths. Besides, a white automobile, later identified as a Hyundai Elantra, was seen heading toward the house on November 13, 2022 at about 3.30 am before departing the neighborhood "at a high rate of speed" at around 4.20 am.
Security footage from Kohberger's residence at Washington State University in Pullman shows a similar white vehicle leaving just before 3 in the morning for Moscow, some 15 miles away across the state line, and returning at around 5.30 in the morning. When Kohberger was caught, the police saw a comparable white Hyundai at his home and took it as evidence, MEAWW reported earlier.