MOSCOW, Idaho — Bryan Kohberger, the defendant in the Moscow murders case, is requesting a stay of proceedings and the release of grand jury materials. Kohberger argues that obtaining the complete record of the grand jury proceedings is crucial for him to contest the indictment against him.
According to Cornell Law School, a stay of proceedings is a ruling by a court to stop or suspend a proceeding or trial temporarily or indefinitely.
Represented by attorney Anne C. Taylor, Kohberger has filed a reply in response to the State's argument that he is only entitled to an audio recording or a transcript of the proceedings and grand juror notes.
Kohberger emphasizes that it's his legal right to challenge the grand jury indictment and insists on being granted access to all relevant materials necessary for his defense. He cites constitutional provisions, Idaho Criminal Rules and Idaho Codes to support his contention that the release of the grand jury proceedings is essential to ensure a fair trial.
The defendant highlights several factors supporting his request, including extensive media coverage, the potential existence of evidence that could prove his innocence and the need to evaluate any errors or omissions in the grand jury process.
Kohberger proposes the imposition of a qualified protective order to maintain the sensitive nature of the records. Under this order, his defense team would have access to the materials while strictly adhering to confidentiality rules.
Kohberger, who was taken into custody on December 30, 2022 at his parents' residence in Pennsylvania, is facing murder charges related to the tragic deaths of Ethan Chapin, Kaylee Goncalves, Xana Kernodle and Madison Mogen, four University of Idaho students who were found dead with several stab wounds in a home near campus on November 13, 2022.
Following his arrest, a grand jury indicted Kohberger on four counts of first-degree murder and one count of burglary. During his arraignment, when asked to enter a plea, Kohberger chose to remain silent, prompting the judge to enter a plea of not guilty on his behalf. Presently, he is in custody at the Latah County Jail, awaiting his upcoming trial, which is scheduled to commence on October 2, 2023.
A hearing is scheduled for June 27, 2023, where the argument over the release of the full grand jury records will be discussed further.
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