Judge Denies Idaho Student Murder Suspect Bryan Kohberger’s Motion to Dismiss Indictment

Bryan Kohberger, who is accused of killing four University of Idaho students in November 2022, looks toward his attorney, public defender Anne Taylor, during a hearing in Latah County District Court in Moscow, Idaho, on Jan. 5, 2023. Ted S. Warren/AP Photo

A district court judge in Idaho on Oct. 26 denied a motion to dismiss the indictment of Bryan Kohberger, who is charged with the murder of four University of Idaho students last year.

Mr. Kohberger has been charged with four counts of first-degree murder and felony burglary in the Nov. 13 slayings of Kaylee Goncalves, 21, Madison Mogen, 21, Xana Kernodle, 20, and Ethan Chapin, 20.

The students were fatally stabbed in their off-campus home in Moscow, Idaho, a city of 25,000 people, and autopsies showed all four victims were likely asleep when they were killed, although some showed signs of defensive wounds.

Lawyers for the 28-year-old criminology Ph.D. student, who is currently awaiting trial for the murders, had earlier filed a motion to dismiss the charges against him, citing an alleged error in the grand jury instructions.

According to his attorneys, the grand jury was misled as to the standard of proof required for an indictment and thus did not apply the proper standard, meaning the indictment should be thrown out, the Idaho Statesman reported.

The Idaho Constitution, they said, sets the standard for “beyond a reasonable doubt,” but the grand jury in the case against Mr. Kohberger, they alleged, was given the lower standard of “probable cause,” which does not align with language included in the state constitution or Idaho law.

However, Latah County District Judge John Judge disagreed and ultimately denied the motion during Thursday’s 40-minute hearing, telling the court that he was constrained by state law.

“I appreciate the argument. I think it’s really creative and I appreciate the journey back through history,” the judge said in court Thursday.

“I mean, what it comes down to for me is that I am constrained by what I believe is settled law in Idaho. I may be wrong, but this is certainly an issue that you would have to bring up with a higher court, like the Idaho Supreme Court, and I look forward to getting that,” the judge added.

‘Disregard for Human Life’

Attorneys for Mr. Kohberger have also sought to have the indictment against him dismissed based on an alleged “biased jury.” A hearing on that matter was also held Thursday behind closed doors and it is not yet clear how the judge ruled.

The murders of the four students sparked widespread fear among the community of Moscow and prompted a nearly seven-week manhunt.

Mr. Kohberger, a Ph.D. student in the Department of Criminal Justice and Criminology at Washington State University, which is located just 10 miles away from the University of Idaho, was eventually arrested in Pennsylvania, where he was visiting his family, and later flown to Idaho to face charges.

His lawyers entered a not guilty plea on his behalf in May after he did not respond in court when the judge asked him how he pleaded in the case.

Prosecutors have said they intend to seek the death penalty for Mr. Kohberger, arguing that he “exhibited utter disregard for human life” in the murders of the four students and poses a continuing threat to society.

Idaho is one of 27 states that have the death penalty.

Tom Ozimek contributed to this report.