Brief Update: Bryan Kohberger Pre-Trial

0:00This episode is brought to you by Progressive Insurance. You ever find yourself playing the budgeting game? Well, with the Name Your Price tool from Progressive, you can find options that fit your budget and potentially lower your bills. Try it at Progressive.com. Progressive Casualty Insurance Company and Affiliates. Price and coverage match limited by state law. Not available in all states. Hey there, it's Kena Whitworth. And if you've been following the King Road story in Moscow, Idaho, then you've seen that the state's case against their only suspect, Brian Koberger, is starting to take shape.

0:37At the end of our first season in July, we promised we'd be back with season two trial coverage this fall. But the trial has been postponed. I've pored over court documents, attended a recent pre-trial hearing, and spent some time in Moscow. And there have been some interesting developments, so I wanted to drop into your feed with a brief update.

1:06This is the King Road Killings from ABC News.

1:15Walking down Main Street in Moscow, Idaho, you can tell that all the kids are coming back to school. They're here with their families, getting dropped off. It's a beautiful scene. Just a few weeks ago, I went back to Moscow. I made the trip for Brian Koberger's August 18th hearing at the Latah County Courthouse, right in downtown Moscow. The courthouse is just about a mile from where Zanna Kernodal, Ethan Chapin, Madison Mogan, and Kaylee Gonsalves were found stabbed to death in an off-campus home last November. As Koberger's pretrial hearing got underway, Moscow's main street was bustling. People are out.

2:01People are happy. Dining alfresco. The city is really coming to life. as all the students pour back into town. The Latah County Courthouse is connected to the jail, and right next to it is Moscow High School. One time, when I was outside, a high school student walked by me, and I could hear him saying to his friends, it's crazy, Brian is just sitting in there. So there's this heavy cloud hanging over the town each time another hearing shows up in the calendar. Brian Koberger remains in custody while both sides gear up for trial. There's still a gag order in place, which means the legal teams aren't allowed to talk freely to reporters.

2:48All that we've learned is from the documents popping up on the court docket each day and the procedural tussles we see in the courtroom. Since the grand jury indictment and his arraignment in May, Koberger's been present in court four times for in-person pretrial court hearings. He maintains his innocence. On the day I sat in the courtroom on August 18th, he walked in wearing a suit and tie. He wasn't handcuffed or shackled. He gave a closed-mouth smile and nodded at Ann Taylor, the lead attorney on his defense team. and that set off Kaylee Gonsalves' mother, Christy, who whipped her head towards her sister.

3:31She was sitting next to her and whispered that smile. The Gonsalves family has had people in court at every hearing. They've vowed to do that and they've stuck with it. At this stage in the game, Taylor is using all a defense attorney's tools. She wants the indictment dismissed, the death penalty gone, no cameras in court. She's filing everything she can to help her client, all while keeping her cards close to the vest. Taylor has long blonde hair, and on this particular day, she was wearing a mask in the courtroom, which sometimes can make it a little difficult to hear what she's saying. We've provided to the prosecutor what we can provide to the prosecutor and what.

4:21In the lead-up to the trial, the defense has raised questions about the standard of proof used in the grand jury indictment, and they've questioned the DNA evidence too. They say there might have been something problematic in the way the state used a public genealogy database to zero in on Koberger. They called witnesses who testified, it's important to know the step-by-step process that law enforcement used to hone in on Koberger and where the potential pitfalls could be. Expert witnesses testified that even if you choose to opt out of law enforcement matching on a DNA site, meaning you want to keep your personal information private, hidden from authorities, there are loopholes.

5:11So, for example, was it Fast News? Was there searching of databanks that violated the terms and conditions of those databanks? Was there surreptitious DNA collection from targeted individuals in family trees? Koberger's defense also points out there were three other male DNA profiles found at the scene, and they want more information on those. But the prosecution says they've already given the defense access to everything they have. We can't produce something that doesn't exist. And then there's the alibi. The defense says that Koberger's alibi, something the judge referred to as a so-called alibi, was his habit of driving around alone late at night.

6:07Not exactly a conventional alibi, where someone would vouch for his whereabouts at the time of the murders. The defense team is up against Latah County Prosecutor Bill Thompson. Thompson has a long gray beard and a mustache that curls ever so slightly at the ends. Yes, he looks a little like Santa Claus, but one who skips the cookies. Thompson is tall and lean, and he's been Latah County's top prosecutor for more than 30 years. He's forceful, and he's accused the defense of withholding information in its disclosure about the alibi. Trials are not yet a poker game where players enjoy an absolute right to always conceal their cards in full play.

6:54And that's what's going on here. Presiding over the case is John Judge. The Gonsalves family has voiced frustration with the time that he's taken to make decisions on the motions filed. But it's his job to make sure both sides have the time and resources they need to proceed with the trial. This is a tight schedule. We all know it. But we can do it. That's what everybody wants. I'm not for it. In this hearing on August 18th, Koberger was on the edge of his seat, fully engaged with the back and forth between the attorneys, the judge, and expert witnesses. The former criminology student now watches as his own case plays out.

7:45The five-hour proceeding was heavy with legalese and technical details, including a PowerPoint. but Koberger looked rapt, nodding as his public defender asked questions. Of course, the stakes are huge for him. Remember, in late June, the prosecution announced they'd be seeking the death penalty. When I left the courthouse that day in August, the trial was still on track to begin on October 2nd. That's the date we'd been hearing for months. Less than a week later, On August 23rd, things changed. A major development in the Idaho College murder case, the suspect Brian Koberger waiving his right to a speedy trial, delaying the case indefinitely.

8:32Kena Whitworth has the latest. The 28-year-old former Ph.D. student who once stated through his attorney he was eager to be exonerated, now agreeing to waive the prosecution's obligation to bring him to trial within six months of his arraignment. Is that the case that you want to waive your speedy trial rights? Yes. Just six weeks before the trial was set to start, Brian Koberger waived his right to a speedy trial. In Idaho, prosecutors have six months after a suspect has been arraigned to bring a case to trial or it will be dismissed. But a defendant can waive his or her right to a speedy trial, which gives both sides more time to prepare.

9:22And that's what Koberger did. Is anybody pressuring you to waive your speedy trial rights? No. You sure you want to do this? Absolutely. Some of the victims' families expressed disappointment, but not surprise. They just want justice as swiftly as possible. Shannon Gray, the attorney for the Gonsalves family, told me, the expectation, although unrealistic, that the trial would be done in October still carries with it grief and anger. He went on to say, that being said, the families understand that a continuance is necessary to sort out a lot of the pending motions and evidentiary issues in front of the court.

10:12The new trial date hasn't been scheduled yet.

10:21And when the trial does get underway, painful things will be stirred up in court. We'll learn what's in those terabytes of data collected by authorities. And by the time it's over, we might finally get some answers about what happened that night on King Road. Like, what was the motive? And who or what was the target? And was Koberger the killer?

10:50We hope you'll stay with us for Season 2 of The King Road Killings, Brian Koberger, On Trial. Until then, we're keeping tabs on the legal proceedings, and we'll be back in your feed when there are significant developments. Thank you.