Idaho prosecutors have asked the judge to reject Brian Coberger's request that the student murder give family priorities in his upcoming trial, at least in part.
Lata County Deputy Prosecutor Ashley Jennings wrote to the court asking Judge Stephen Hippler to exclude potential witnesses from Coberger's family from attending trial before giving their own testimony.
“The state may call members of the Coberger family to testify at trial,” she wrote. “Before we begin trial, the state expects the court to move the court, or the court itself agrees and generally excludes witnesses from the court so that they cannot hear the testimony of other witnesses.”
The victim's parents guarantees legal rights, but there is nothing to give it to the family of the accused murderer, Jennings argued.
“The defendant requests that members of his family be granted the same rights as the victim's family,” Jennings continued. “However, “direct family of murder victims” has constitutional and statutory rights to attend according to [the] Idaho Constitution… There is no equal constitution or statutory clause that provides these same rights to the defendant's family. ”
Kohberger's defense attorney asked for the family to be included in their family list earlier this month after prosecutors filed a list of victims' relatives to court.
Defence counsel Elisa Massos alleged that exclusion of them would violate his Sixth Amendment Rights. But Jennings fired down that logic.
“The defendant has constitutional and statutory rights to a 'public trial', but that is not the choice of those sitting in court,” she wrote.
A 30-year-old former criminology doctorate, Washington State University student is accused of driving to the University of Idaho, where he killed four students.
The victim was identified as Madison Morgen, 21. Kaylee Goncalves, 21; Xana Kernodle, 20; Ethan Chapin, 20.
Court documents show that at least two people were helpless and could not respond at the start of the stab wounds of a home intrusion at 4am.
The police found it A Ka-Bar knife sheath underneath the body of Mogen, who is said to have Kohberger's DNA.
Prosecutors also argue that surveillance video of the suspicious vehicle and Coberger's phone records will help him stay on scene.
The defense did not oppose the presence of the victim's family in court, but Coberger's lawyer swipes the Goncalves family by asking the judge to prohibit the judge from wearing clothes with the victim's face.
Another judge replaced Coberger in May 2023 with his arrest, entering a plea of innocence to four counts of first-degree murder and one of the robbers.
The trial is scheduled to begin on August 11th in Boise after the venue changes.
Kohberger could face the death penalty if convicted.
