May 18—Bryan Kohberger will appear in an arraignment hearing 9 a.m. Monday in Latah County 2nd District Court after being indicted by a grand jury Wednesday.
Kohberger, 28, faces four counts of first-degree murder and one count of burglary in the November stabbing deaths of University of Idaho students Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin. He remains in Latah County Jail.
The former Washington State University Ph.D. student was scheduled to appear in a preliminary hearing June 26 in Latah County Magistrate Court to determine if there was probable cause to move forward with his case. Now, with the grand jury indictment on the same charges, he will instead appear before District Judge John Judge in an arraignment hearing.
Idaho Supreme Court spokesperson Nate Poppino told the Daily News that Kohberger will be advised of his rights and may enter a plea at this arraignment hearing.
According to court documents released Wednesday, the names of all the grand jury witnesses have been sealed. This is a response to the intense publicity of the case and reports that potential witnesses and their families have been harassed in person and via social media.
Latah County Prosecutor Bill Thompson warned that releasing their names would “invite additional harassment, intimidation and possible threats, and undermine not only the integrity of this case, but the parties’ prospective rights to a fair trial with an impartial jury.”
In a Lewiston Tribune report about an April grand jury indictment involving a Lewiston man, Nez Perce County Prosecutor Justin Coleman explained the purpose of a grand jury. He said that in the case of an indictment, the charge is approved by a grand jury, which believes there is probable cause for the defendant to face the charge. The grand jury hears evidence and decides if there is probable cause to continue the case rather than having a preliminary hearing.
After the grand jury has been selected, the judge reads basic instructions and is then no longer a part of the process other than signing any indictment from the jury.
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According to the Idaho Supreme Court website, witnesses may be questioned by the prosecuting attorney, the presiding juror and other members of the grand jury. The grand jury is not required to hear evidence for the defendant, but it is its duty to weigh all the evidence submitted.
Grand jury proceedings are held privately and every grand jury member must keep secret whatever was said or done during those proceedings.
The Latah County Prosecutor’s Office is still bound to a gag order in the Kohberger case that prohibits attorneys and law enforcement from speaking publicly about the case.
A coalition of media outlets, including the Lewiston Tribune and the Daily News, alleges that the gag order violates the First Amendment. The court and Kohberger’s attorneys argue it is necessary to protect Kohberger’s right to a fair trial.
An order from Magistrate Judge Megan Marshall, which was made public Wednesday, denied the media’s request to halt enforcement of the gag order.
In her order, Marshall wrote the media failed to provide proper evidence backing up its claim that the gag order is causing “irreparable harm.”
The media also requested that the court immediately schedule a hearing to hear arguments about vacating the gag order at the next available calendar date. This request was also denied.
Instead, a scheduling conference has been set for 10 a.m. Monday to decide on a future hearing date.
Kuipers can be reached at [email protected].