Bryan Kohberger indicted by grand jury in Moscow killings. June hearing canceled
Bryan Kohberger, the man accused of stabbing four University of Idaho students to death in their Moscow home, has been indicted by a grand jury.
Idaho Judicial Branch spokesperson Nate Poppino told the Idaho Statesman that Kohberger was indicted, and an arraignment now has been set for 9 a.m. Pacific time Monday at the Latah County Courthouse.
Kohberger was indicted on four counts of murder in the first degree and one count of felony burglary.
The preliminary hearing set for June 26 has been canceled. That hearing, scheduled to last a week, likely would have provided previously unreleased information about the case to the public.
A prosecutor can seek an indictment in Idaho through the grand jury without relying on a judge’s decision at a preliminary hearing.
A grand jury is a panel of citizens who hear evidence and determine whether criminal charges should be initiated, according to the Fourth Judicial Court website. The jury has investigative powers and can compel witnesses and request documents.
“Grand jury proceedings are private and secret, prospective defendants are not entitled to be present at the proceedings, and no one is allowed to cross-examine witnesses on the defendant’s behalf,” the Fourth Judicial Court states. “Information presented to the grand jury is presented by prosecuting attorneys.”
Duncan Levin, a criminal defense attorney who has represented high-profile clients such as Harvey Weinstein and con artist Anna Delvey, said there are a number of reasons a prosecutor may choose to use a grand jury instead of waiting for a preliminary hearing. In addition to being a “more streamlined process that potentially saves time and resources,” grand juries provide prosecutors with privacy and time, according to Levin.
“Grand jury proceedings offer greater secrecy, allowing prosecutors to present sensitive evidence and witness testimonies without compromising ongoing investigations or witnesses’ safety,” Levin told the Statesman by email. “Additionally, grand juries can be impaneled for an extended period, giving prosecutors more time to gather evidence and testimony, especially if some witnesses may be uncooperative or require subpoenaing.”
At the request of Latah County Prosecutor Bill Thompson, Magistrate Judge John Judge in Idaho’s 2nd District ordered the names of all witnesses called during the grand jury proceedings to be sealed. Thompson said the court had received “numerous complaints” from potential witnesses and family members about harassment both on social media and in person.
“Releasing the names of the witnesses who appeared before the grand jury would invite additional harassment, intimidation and possible threats, and undermine not only the integrity of this case, but the parties’ prospective rights to fair trial with an impartial jury,” Thompson wrote in a motion.
Kohberger, 28, a Pennsylvania native who was studying criminal justice and criminology at Washington State University, was arrested in December on suspicion of four counts of first-degree murder and one count of felony burglary in the Nov. 13 homicides. The attack took the lives of seniors Madison Mogen, 21, of Coeur d’Alene, and Kaylee Goncalves, 21, of Rathdrum; junior Xana Kernodle, 20, of Post Falls; and freshman Ethan Chapin, 20, of Mount Vernon, Washington.
With the indictment and the arraignment hearing, the case is now bound over to district court. A new court conduct order will allow up to three cameras in the courtroom during the arraignment for video, audio and photographs.
Additional hearings in the Kohberger case regarding the media’s motion against a judge’s broad gag order and the defense’s motion to compel discovery have been set for 10 a.m. and 11 a.m. Pacific time on Monday, after Kohberger’s arraignment.
Reporter Kevin Fixler contributed to this story.
