Byran Koberger, the criminology PhD student turned quadruple murder suspect, returned to an Idaho courtroom Thursday, but his defense attorney said prosecutors turned over key evidence during discovery. But he argued that it was just a change in form.
The defense is seeking additional evidence through discovery, including full surveillance video that allegedly shows Koberger’s white Hyundai Elantra near the crime scene.
“The public needs to know that the audio is being withheld,” said Kootenai County Public Defender Anne Taylor, Koenberger’s lead attorney.
The claim comes as Koberger’s team is fighting to have the next discovery hearing held in public, contrary to prosecutors’ request that it be held in private.
Brian Koberger’s ‘alibi’ torn apart by Idaho prosecutor’s ‘tantrum’
Brian Koberger (right), who was charged with killing four University of Idaho students in November 2022, with one of his attorneys, Ann Taylor (left), on September 13, 2023. Wednesday at a hearing in Lutter County District Court in Moscow, Idaho. (AP Photo/Ted S. Warren, Pool)
However, the prosecution argued that all proceedings related to the discovery hearing have been submitted under seal and are expected to continue to be submitted under seal.
“This is totally contradictory,” Deputy Prosecutor Ashley Jennings told Judge John during Thursday’s hearing.
“The defendant will have his day in court, but the public has a right to see what evidence the state has,” Jennings said. “Now is not the time.”
Additionally, the defense’s insinuation that prosecutors are dragging their feet on discovery is “complete nonsense,” said Bill Thompson, the Rutter County Prosecuting Attorney.
Idaho murder case: Defense attorney Brian Koberger ‘firmly believes’ suspect’s innocence
Rutter County Prosecuting Attorney Bill Thompson walks through the courtroom before a hearing Tuesday at the Rutter County Courthouse in Moscow, Idaho. (August Frank/Tribune, Poole)
Taylor accused prosecutors of trying to control public perception of the case by keeping the evidence in a “vacuum.”
“Brian is the one who has the right,” Taylor argued. “This is his Sixth Amendment right to a public hearing.”
The judge didn’t seem convinced by her reasoning.
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Madison Morgen, top left, poses with Ethan Chapin, Zana Kernodle and two other housemates in Gonsalves’ last Instagram post, which was shared the day before the four students were stabbed to death. , smiling on the shoulder of her best friend Kaylee Gonsalves. . (@kayleegoncalves/Instagram)
“I fully understand that Mr. Koberger has a constitutional right to a public trial, but holding a public hearing is not a trial,” he said. “There’s something different.”
He said he could be more open to holding public hearings in private and then releasing information publicly.
Later, as the hearing heated up, he reprimanded both sides, urging them to “de-escalate tensions” and refrain from making personal attacks on each other.
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Brian Christopher Koberger made his first public appearance since his arrest Friday outside the Monroe County Courthouse in Stroudsburg, Pennsylvania. He is charged with the murder of four people in Moscow, Idaho. (Fox News Digital Image Direct)
New Jersey resident David Gelman said the legal stance strengthens the defense’s efforts to move the trial from Lutter County, where the murder occurred, to a larger jurisdiction with more jurors. It is said that this may be a strategic measure. Defense attorney and former prosecutor based in .
He said he agreed with Taylor and said prosecutors should not have turned over the edited video that allegedly linked Koberger’s car to the crime scene.
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“They’re trying to get prosecutors to hide evidence and say they’re going after an innocent man,” he told Fox News Digital. “They’ll probably say something outlandish in open court, but if the public sees it, it could sway the case through publicity or poison potential jurors. ”
Koberger is charged with four counts of first-degree murder and one count of felony robbery in connection with the Nov. 13, 2022, massacre at an off-campus residence next to the University of Idaho. It is being said.
Maddie Morgen (21), Kaylee Gonsalves (21), Zana Karnodol (20), and Ethan Chapin (20) were killed in the quadruple stabbing.
Victims of the Nov. 13 University of Idaho massacre, left to right: Kaylee Gonsalves, Ethan Chapin, Zana Kernodle, and Madison Morgen. (Instagram @xanakernodle / @maddiemogen / @kayleegoncalves)
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Police found a Ka-Bar knife sheath with Koberger’s DNA on it under Morgen’s body, according to court documents. They also tracked his movements through phone ringtones and car surveillance video.
Taylor argued that the evidence favored the prosecution, but little exculpatory evidence has emerged in court and restrictions on the case have been used by both sides to avoid answering questions from reporters. He is said to have agreed to a gag order.
Judge John entered a not guilty plea on behalf of Mr. Koberger at his arraignment in May 2023.
