A judge has formally entered a “not guilty” plea on behalf of criminology graduate student Bryan Kohberger on charges he fatally stabbed four University of Idaho college students in November, setting up a possible death-penalty case.
Appearing in a Moscow, Idaho, courtroom, Kohberger, 28, did not personally enter the plea, and instead Judge John Judge entered his plea in the five charges: four counts of first-degree murder and one count of burglary. Although Kohberger was previously charged by prosecutors with the same counts, officials revealed last week he was subsequently indicted by a grand jury. A grand jury indictment means prosecutors can keep their case secret for longer.
Idaho has the death penalty, and under a new law passed earlier this year, state officials could seek to have Kohberger executed by either lethal injection or a firing squad if convicted by a jury and sentenced to death. Under state law, prosecutors typically have 60 days from today to formally notify Kohberger if they plan to seek the death penalty.
Wearing an orange jail jumpsuit, Kohberger didn’t appear to be handcuffed, and occasionally smiled and whispered to his attorney, public defender Anne Taylor. He nodded as the judge advised him of his rights and spoke briefly to acknowledge that he understood them: “Yes, I do.”
When asked how he pleaded, Taylor answered that Kohberger would be “standing silent,” allowing the judge to enter five “not guilty” pleas on his behalf.
Authorities say DNA evidence left on a knife sheath found at the stabbing scene ties Kohberger to the deaths of Ethan Chapin, 20, Madison Mogen, 21, Kaylee Goncalves, 21, and Xana Kernodle, 20, whose bodies were found by another roommate on Nov. 13. Neither police nor prosecutors have discussed a motive, in part because of a wide-ranging gag order. Family members of the slain attended Monday’s hearing.
The Latah County judge has also sealed the list of grand jury witnesses after prosecutors said secrecy would help preserve Kohberger’s right to a fair trial while preventing harassment.
“…The state respectfully represents to the court that it has received numerous complaints from potential or prospective witnesses, or their families and associates, regarding being harassed both in person and via social media,” prosecutors wrote to the judge. “The reports of harassment have included threats as well as what appears to be intimidation.”
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Death penalty on the table
If convicted, Kohberger could face the death penalty. The father of one of the victims said he believes Kohberger was stalking her. A surviving roommate said she saw a tall, thin masked man with bushy eyebrows inside the house after hearing noises coming from another bedroom, but she went back to bed and didn’t call for help.
Kohberger was taken into custody on Dec. 29 in his parents’ home in northeastern Pennsylvania, about 2,500 miles from where the stabbings occurred.
Investigators say Kohberger was a PhD student in criminology at Washington State University across the nearby state line in Pullman. The judge on Monday advised Kohberger of his rights, including his right to remain silent and not testify in his own defense, and the possibility of the death penalty. Kohberger spoke to answer those questions, and his attorneys said they expect a six-week trial starting in October.
How did authorities ID suspect?
Investigators say they tied Kohberger to the deaths with DNA samples and surveillance footage, cellphone tracking software, and trash from outside Kohberger’s family home in Pennsylvania, according to court documents.
A police search warrant revealed that Kohberger’s phone had been tracked near the students’ house at least 12 times in the six months before the attack.
What about the gag order?
A coalition of media organizations is asking the court to overturn or narrow a sweeping gag order limiting police, attorneys and many government officials and family members from speaking publicly about the case.
“The gag order, which is based on the parties’ stipulation, rests merely on an assumption that press coverage is bad,” media attorney Wendy Olson wrote in asking a judge to reconsider. “The U.S. Constitution and the Idaho Constitution demand more.”
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Kohberger’s attorneys opposed the request and said they needed more time to prepare for the hearing and demonstrate how he would be harmed by increased press scrutiny.
The sweeping gag order prevents police and attorneys from discussing the case. But media organizations argue it has also improperly prevented authorities from answering basic questions about Kohberger’s jail cell or whether investigators are reviewing any cold case files in light of his arrest, and it has scared the victims’ family members into staying silent instead of talking about their loved ones.
