NorthwestJune 27, 2023
Anthony Kuipers and Kerri Sandaine Daily News and Tribune staff writers

MOSCOW -- Bryan Kohberger’s attorneys are requesting the training records for three police officers involved in investigating the Nov. 13 murders of four University of Idaho students.

A brief court hearing was held Tuesday to discuss this matter and other requests to disclose evidence to the defense. Kohberger is accused of stabbing UI students Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin on Nov. 13 in their King Road home. He faces four counts of first-degree murder and one count of burglary.

As the scheduled October trial approaches, Kohberger’s defense team is requesting the prosecution disclose the training records for three officers it believes are critical to the case. 

Anne Taylor, the Kootenai County public defender who is representing Kohberger, told District Judge John Judge her team wants the training records to better understand the police officers’ process and the decisions they made with evidence in the case. She said two of the officers are from Idaho State Police. 

Latah County Deputy Prosecutor Ashley Jennings said these records are not material to the case and that the officers likely would not be called by the state to testify in court.

There are more than 120 officers involved in the case, and the prosecution is concerned that granting this request would open the door for the defense to ask for training records for every officer.

Taylor said these officers interviewed witnesses at the King Road crime scene, attended the autopsy proceedings, and participated in the search for the white Hyundai Elantra that was among the evidence leading to Kohberger’s arrest. She said the defense may subpoena one of these officers.

Daily headlines, straight to your inboxRead it online first and stay up-to-date, delivered daily at 7 AM

Jennings countered by saying this information is “pure speculation” and said that according to Idaho law, training records do not need to be disclosed unless the officers are called to testify.

Taylor’s team is also requesting records from the FBI regarding the search for the Elantra and Kohberger’s cell phone records which were among the evidence leading to his arrest. Jennings said her office is still waiting to receive those records from the government but does not know exactly when that will happen.

Taylor reminded the court that not producing discovery can be a due process violation and the standard is higher now that the Latah County Prosecutor’s Office is seeking a death penalty sentence. 

Judge said he will take this matter under advisement and issue a written decision at a later time. 

Tuesday’s hearing was originally scheduled to address Kohberger’s request to disclose records of the grand jury proceeding that led to his indictment in May. Kohberger plans to contest that indictment.

However, this discussion will be moved to a future hearing. 

Judge also addressed the nondissemination order, or gag order, that he recently revised. The gag order prohibits attorneys and law enforcement involved in the case from sharing certain information to the public outside of court. 

He said there was confusion over whether the gag order applies to law enforcement. He told the media in the courtroom Tuesday that it does apply to law enforcement and investigators. Judge said he will issue a rewritten order.

Advertisement
Daily headlines, straight to your inboxRead it online first and stay up-to-date, delivered daily at 7 AM