Judge Issues Order on Release of Grand Jury Materials to Bryan Kohberger’s Defense

The judge overseeing the murder trial of Bryan Kohberger in Idaho has granted the defense limited access to certain grand jury materials it says are necessary for its case.

The defense and the prosecution had engaged in a lengthy back-and-forth over grand jury materials since his indictment last month for the murders of four University of Idaho students in the off-campus rental home in Moscow, as CrimeOnline has reported. Kohberger, a 28-year-old criminal justice graduate student at Washington State University, was arrested at his parents home in December.

Judge John Judge also granted the defense access to training records for three officers involved in the case, KIVI reported. Two of the officers conducted interviews during the investigation and a third attended autopsies and made decisions about what tips to pursue.

062823 PUBLIC Order for Preparation Release of Transcript Record of Grand Jury by kc wildmoon on Scribd

But it was the tug-of-war over the grand jury materials that threatened a delay in the case. Kohberger’s defense indicated it may challenge the indictment and needs the grand jury materials to be able to make that decision. Prosecutors argued that transcripts and recordings were all they were required to make available. The defense filed a motion to delay the trial — currently set to begin October 2 — if the materials weren’t provided, but last week, after a hearing on the issue, the two sides announced they’d reached an out-of-court agreement.

Judge filed an order outlining what material can be released and to whom, including a redacted transcript of the proceedings, according to KTVB. According to the order, defense attorneys can share parts of grand jury records with its investigators and “retained experts,” but no one else. Attorneys may also share redacted transcripts of witness testimony with the witness who provided that testimony.

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A number of items that will be released to defense attorneys are provided on a list that is under seal, however, to protect confidential information. The grand jury’s deliberations are not included in the records to be released.

It’s not clear if the defense request for information about the FBI’s use of genetic DNA to compile a “family tree” is included in the order. The prosecution argued that it was Kohberger’s own DNA, taken after his arrest, that linked him directly to DNA found on a knife sheath found at the scene of the November 13 murders and that the FBI’s work provided only a list of “hundreds of innocent relatives” of Kohberger.

Also playing into the defense requests is the prosecution’s decision to seek the death penalty if Kohberger is found guilty.

Kohberger is charged with four counts of first degree murder for the deaths of Ethan Chapin, Xana Kernodle, Madison Mogen, and Kaylee Goncalves. He also faces a count of burglary for breaking into the murder house.

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[Featured image: FILE – Bryan Kohberger on June 27, 2023. (August Frank/Lewiston Tribune via AP, Pool, File)