Defense attorneys for Bryan Kohberger, the man accused of killing four University of Idaho students in 2022, have filed a motion to delay his capital murder trial, citing a recent "Dateline" episode they say violates a court-issued gag order and threatens his right to a fair trial, The Daily Mail reported.
Kohberger, now 30, is charged in the Nov. 13, 2022, killings of Kaylee Goncalves, 21; Madison Mogen, 21; Xana Kernodle, 20; and Ethan Chapin, 20, all University of Idaho students. At the time, Kohberger was a criminology graduate student at Washington State University.
The "Dateline" special, which aired earlier this month, featured never-before-seen surveillance footage items, details of Kohberger's phone records, details of his internet search history, and items of commentary suggesting leaks from unnamed sources with access to the investigation.
"The show repeatedly emphasizes the nonpublic nature of this information, stating it was obtained from unnamed sources who are close to the investigation and that the materials were obtained exclusively by 'Dateline,'" the 40-page motion states.
Kohberger's attorneys argue that much of the material was taken out of context and "will not be admissible at trial because it lacks reliability." They also warned that the episode's presentation, which included expert commentary and dramatized sequencing, would heavily influence public perception.
"When viewers are presented with a cohesive, visually reinforced sequence of events — especially when paired with commentary from individuals styled as experts — the overall presentation fosters a sense of authenticity and truthfulness that is difficult for viewers to disregard," the motion says.
Judge Steven Hippler previously acknowledged that the "Dateline" episode appeared to confirm a leak from the investigation. He ordered the prosecution and defense teams to submit lists of all people with potential access to the leaked information. He also cautioned that such media coverage could hinder the selection of an impartial jury.
Adding to the defense's concerns, they noted that bestselling author James Patterson is set to release a book on the case just 16 days before jury selection. The publisher reportedly promises "unmatched access" and interviews with "local law enforcement."
"This suggests that the apparent 'Dateline' leak was not the only violation of this court's non-dissemination order," the motion states.
The defense asserts that the trial should be delayed "to allow the extremely prejudicial impact to partially subside and to give the court and the defense time to fully investigate and address the scope of the violations."
Kohberger was arrested six weeks after the killings at his parents' home in Pennsylvania. DNA from a knife sheath found next to Mogen's body was matched to him, and prosecutors allege his cellphone data and vehicle movements link him to the scene.
Kohberger has maintained his innocence, and his defense team asserts that his phone records prove he was not at the crime scene.