Bryan Kohberger, accused of murder, arrives for a hearing in Latah County District Court on Sept. 13, 2023 in Moscow, ID.Kohberger was in the courtroom during Thursday’s hearing, where his defense attorney argued for the standard of proof to be raised to a “beyond a reasonable doubt” instead of Idaho’s typical “sufficient probably cause” standard at the grand jury level.
The judge said they were following Idaho state law and that changes to the legal system would have to be taken on “with a higher court,” specifically the state’s Supreme Court; the hearing ended shortly after. The judge also put on record that he is not banning cameras from hearings moving forward.noted, Kohberger returned to court for two separate hearings, both of which were originally scheduled for September, but delayed because of illness.
The first argued a dismissal was warranted because of grand jury bias, inadmissible and insufficient evidence, and prosecutorial misconduct. However, specifics were unavailable as the full motion — and the state’s response — were sealed. The second motion claimed prosecutors misled the grand jury about the standard of proof, saying they weren’t properly instructed to find “proof beyond a reasonable doubt” to indict him. The prosecution rebuffed this second claim, arguing the standard of proof in Idaho’s court system is probable cause. at their off-campus apartment on Nov. 13, 2022 . He was— and charged with four counts of first-degree murder and one count of felony burglary.