The King Road Killings Update: A Longer Road to Justice

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0:25The sun is coming up now. It's gorgeous. It's a gorgeous pink, pink sky. I'm Kena Whitworth. I came back to Moscow, Idaho recently to bring you some updates, sometimes from the wee hours of the morning. We spend a lot of time driving around Moscow at weird times to accommodate all the shows that we file for on ABC. And so we see Moscow in a lot of different lights or really, really dark. I came for a court hearing for Brian Koberger, the man accused of murdering four University of Idaho students in 2022. Koberger, now 29 years old and a former grad student in criminology, maintains his innocence.

1:11In the town of Moscow, the King Road house where the murders took place is gone. It was torn down in December. Early this morning, the home that once stood here on King Road reduced to rubble and taken away. And while some are ready to move forward on the healing journey, others worry that this may all be too soon. The victims' families have retrieved their children's possessions from the house. But there are still some precious items they're pushing law enforcement to return. Particularly, photos on a cell phone. These are the last moments of your child's life, and you're sitting here fighting with somebody who just doesn't care.

1:49In December, the president of the University of Idaho published a book on crisis management, including his handling of the tragedy. So we just received our books, the University President's Crisis Handbook, and we're about to do an opening here and see what they look like. After the initial trial date was postponed from last October, the families are still waiting for their day in court. It's time for a trial, Your Honor. This is the King Road Killings. Update. A longer road to justice.

2:31This hearing last Friday, January 26th, in Brian Koberger's case, wasn't like a lot of others I'd been to in the Latah County Courthouse. In the past, they were full of national media. For the first time, this one was live-streamed. But inside the courtroom, it mostly appeared to be locals. There were reporters from the University of Idaho student newspaper, The Argonaut. There were students wearing Vandal Law sweatshirts and a row full of younger, college-age girls. I sat behind family members of Kaylee Gonzalez and Madison Mogan, who you'll remember were two of the victims. The other two were Zanna Kernodle and Ethan Chapin.

3:11In the courtroom, all seven or so of Kaylee and Maddie's family members were squeezed into one row. They could have spread out. The courtroom was fairly open. But it was like they wanted to be a united front, shoulder to shoulder. And when Brian Koberger walked in, I saw their heads pop up. He was wearing a charcoal gray suit with a yellow shirt and a yellow tie. His attorney, Ann Taylor, walked in wearing a plum-colored suit. Her long, blonde hair was curled. She was joined by a couple of other defense attorneys. The prosecutor, Bill Thompson, was there, along with his assistant prosecutors. His long, white beard is probably the first thing anyone notices about him.

3:55The hearing was focused on two things. First, the defense had raised a technical dispute. And second, it was time to set a trial date. A trial the nation will be watching for a crime that's plagued this small community for more than a year.

4:15On the first issue, the technical one, the defense wants the grand jury's indictment thrown out. They object to how the jury instructions were given. Judge John Judge, yes, that's his name, had already denied that request. But Jay Logsdon from the defense team wanted him to reconsider it and allow them to appeal to a higher court. What we're asking the court to do is to give us the court's blessing to take up the issue to the Idaho Supreme Court. The prosecution's Jeff Nye argued that an appeal would significantly delay the trial. The idea that we would hit the pause button and take power away from this court because there is an interesting issue for the Idaho Supreme Court to address is not something that this court or any court should tolerate.

5:08It's time for a trial, Your Honor. Remember, this is a death penalty case. And in their efforts to sway the judge, the defense tried to illustrate exactly how high the stakes are with every decision the court makes. Whether or not the case makes its way to trial at some point is, in our mind, just part of what the court has to look at, particularly in a case where the states decided that it wants to try to kill someone. The states decided that it wants to try to kill someone. It was a dramatic line, but it seemed to fall flat in the courtroom. There wasn't much reaction, except for prosecutor Bill Thompson, who really took issue with it.

5:53He pushed back, hard. He makes the allegation the state is trying to kill someone here, and frankly, I find that offensive. We are simply trying to fulfill our responsibilities under the law. To characterize it as the state is trying to kill someone, it's just simply appealing to a raw emotion, and it has no place in this court. We would ask that that not be allowed any further. Ultimately, the judge denied Brian Koberger's request for an appeal over the grand jury instructions. The judge agreed with the prosecution that an appeal would only stall the process, and if the indictment were thrown out, another grand jury would almost certainly re-indict him.

6:32We really need to move forward. And then they moved on to the one thing everyone had been waiting for. I think we are ready to go to setting a trial, or at least a schedule. The judge approached this cautiously. He knows how many people, both inside this courtroom and around the country, are invested in this trial getting started. The courtroom was silent in rapt attention. The prosecution proposed a start date. At this time right now, we believe that we could be prepared for trial somewhere this year. They said summer would be less disruptive for the community. I say that because right across the street there is Moscow High School.

7:17that shares parking all around the courthouse with everybody else who's going to have an interest in this case and being here. And we've already encountered the conflict between those interests. We can't sustain that for weeks and weeks on end. That's just not fair to the students. It's not fair to the school district. It's not fair to the media. It's not fair to anybody. The prosecutor also cited the lack of hotel rooms to put up all the expert witnesses and media and other people who will jam into this small town. The defense had a potential solution to that dilemma. They said they planned to file for a change of venue.

7:51And this week, they did just that. Koberger's attorneys wrote in part, A fair and impartial jury cannot be found in Latah County, owing to the extensive inflammatory pre-trial publicity. As for the timing of the trial, Koberger's lead attorney, Ann Taylor, said summer of 2024 wasn't realistic in any way. Her proposal, summer of 2025. Then, Taylor launched into a lengthy list of all the work she still has ahead of her to be ready for trial. Remember the 51 terabytes of evidence collected by investigators? Koberger's defense attorneys have to go through all of it. To put it in perspective, one terabyte can hold 250 ,000 pictures.

8:37One terabyte. And we have 51 of those. Or 500 hours of high-definition video. So 500 hours times 51 or 6.5 million document pages. And that's equal to 1 ,300 filing cabinets. And we have 51 terabytes, not just one. So that's a lot. There's a lot to go through in this case. Taylor also said there are 400 potential witnesses, and they've talked to fewer than 10 % of them. She said many don't want to talk to her. And crucial expert witnesses haven't been hired yet. Since the murders took place, 9 ,000 tips have come into the FBI, and the defense has to review all of them. As Taylor was listing all the things she'd need to do to prep for Koberger's trial, there was a moment where she looked down at her client, and he looked back up at her, wide-eyed, taking it all in.

9:32But as Taylor went through her list, the judge looked a little bored. He had his chin in his hand and shifted back and forth in his chair a few times. But then, Coburger's attorney said something that really seemed to catch the judge's attention. There is no way that I am effective assistance of counsel. I haven't looked at every bit of discovery that's available. That's the duty I owe to Brian. That's his right for effective assistance of counsel, to have me do those things. Effective assistance of counsel. As soon as Taylor uttered those four words, the tide changed in that room. It's something the judge is alert to, because if Koberger is convicted and can later prove his attorney made a big mistake, he could appeal the case and get retried.

10:19And the judge doesn't want that to happen. I only want to have one trial, one time, so it doesn't come back. One trial, one time. It's something he said over and over again. So bottom line, the judge doesn't want to rush the defense. At the same time, this quadruple homicide happened in November of 2022. A trial in 2025 means making the victim's families wait nearly three years for their day in court. And the judge was clearly struggling with the weight of that.

11:25In the end No trial date was set. I didn't have to see the Gonzalves family's faces to know how they were reacting to all of this. They were crestfallen. It was another in a string of disappointments.

11:50All the victims' families have been waiting for a court date. Before our visit to Moscow, we reached out to them. Ethan, Zanna, and Maddie's parents declined to be interviewed at this time, but Kaylee's parents, Steve and Christie, were willing to meet with us. They have a lot on their minds, like Kaylee's phone data. They've gotten some of it back from authorities, but not all. They hope to get a few more glimpses of Kaylee's life. The day before Koberger's hearing, I drove to Coeur d 'Alene, about 90 minutes north of Moscow, to talk with Christie and Steve and bring their story to Good Morning America.

12:26As we hear from the family of Kaylee Gonzalez, they're sharing never-before-released images of their daughter. And Arcana Whitworth sat down with them and joined us from Moscow, Idaho. Good morning, Kaylee. Michael, good morning. An incredibly emotional conversation. Kaylee's mom says she feels like they've been in limbo now for more than a year. We set up our cameras in an Airbnb. There's a lot going on in the Gonzalez household these days with two new grandbabies. And we wanted a place where they could talk without any interruptions. Christy had her makeup and hair done. She was wearing several necklaces, and one that stood out to me had the letter G on it for Gonsalves.

13:03Yep. Here we go. You guys okay? Yep. Are you ready yet? As we were getting ready to start, Steve gave Christy a little kiss on the cheek, like he always does. And then she cozied into him, and we started rolling. Since we've met each other, I'm not going to ask the question of how are you, but where are you? So, where are you right now?

13:31Just one day at a time. It's already been over a year, like, you know, and I mean, we have felt every minute of that year. Christy and Steve are both eager for the trial to get started. And they say they'll fight to the end to get justice for Kaylee. But the case is out of their hands. It's just really hard to put your trust, your hope, your faith in the hands of other people. you know it's so hard your life is out of control when you can't have control of your own life it's out of control you just get used to letting them represent your child but they're going to do it in their own way they're not going to do it in the way that you would do so you just have to roll with that but it just makes it that much more that you want it to be over with so you can have control of your own life

14:24The Gonsalves family has also felt at odds with the University of Idaho in how it's communicated with them. And it was a bit of a surprise to them when the murders showed up as a chapter in a book co-authored by the University of Idaho's president, Scott Green. The book came out this past December and was titled The University President's Handbook of Crisis Management. Here's a clip from a promotional video on the university's website. When I started as president at the University of Idaho in 2019, I knew there were challenges awaiting. But no one could have predicted that our community would have to manage three major crises in four years.

15:03Did you know the president was going to publish a book that would have a chapter about the murders? He sent an email one time saying that he was. The chapter is dedicated to the four victims. and President Green writes that there isn't a day that goes by that he doesn't think about them. Proceeds from the book will go to funding a healing garden on campus. I'm going to share a passage with you that stood out to me.

15:31He writes, one metric that would determine how well the university handled the crisis would be spring enrollment. And on January 27th of 2023, the university reported that spring enrollment at the University of Idaho was up. Undergraduate enrollment increased by 3.5 percent. Business over justice. That's really what that's saying. You know, we had a job and we got to get our enrollment numbers up. I've never been able to interview President Green, and I've been asking him since the day after the murders. ABC's requests to speak with him about his book were also declined. But a spokesperson did respond, writing, We recognize this entire situation is the most emotional for the families of the victims.

16:21The book is not intended to diminish that in any way, but to speak to how the University of Idaho responded and kept its entire student body and staff, as well as the victims and their families, at the forefront of all decisions. One small world connection that we learned that wasn't in the book is that President Green's family once owned the King Road house. They bought it in the late 60s and sold it in the early 70s when the president was a small boy. It was one of several properties owned by the family. We were told by the university that President Green has no memories of the house and did not grow up there.

17:01To Kaylee's parents, though, not mentioning such a personal connection to the home where their daughter was killed seems remarkable. Just come out. I mean, you can't help but if your family owned an investment property, let's nothing be ashamed of. Just come out and own it. Quit doing these sealed documents. Everything is just so secretive. And just a few weeks after the book came out, 1122 King Road became a point of contention between the Gonzalves family and the university again. This time, the fight would be about the fate of the home itself.

17:42Remember, the university now owns the property. The private landlord donated it after the murders. and Kaylee's parents wanted the house to remain standing at least through the trial so there'd be the possibility that the jury could walk through it. The university had delayed the demolition once in the fall of last year for the sake of the families, but ultimately, they made the decision to move ahead with tearing down the house. The university said both the prosecution and the defense have had access. The FBI took measurements and pictures to construct a physical model of the home. so jurors can see the layout, and according to a university press release, neither the defense nor the prosecution asked for the home to be retained.

18:27Ethan Chapin's parents released a statement saying, We're supportive of the decision to take down the King Street House for the good of the university, its students, including our own kids, and the community of Moscow. Remember, Ethan didn't live in the King Road house, but his two surviving triplets still attend the University of Idaho, and you could see the home from the Sigma Chi frat house, where Ethan's brother Hunter is a member. For the University of Idaho's part, they put out a press release on December 14th of last year that quotes President Green, saying, the house is the grim reminder of the heinous act that took place there.

19:09The university said it wanted the house demolished to decrease further impact to the students who live in the area. And in the past, the university has said it believes leaving the house would further sensationalize the crime scene. Christy doesn't agree. I don't want to say that we could care less about the community there. Of course not. But, you know, the way, I mean, from my understanding where the house is, it's not like smack dab where everybody has to drive. It's kind of in a location that you really only have to go by it if you want to or if you live right there. It's awful. So you don't have to go by that house.

19:47And I understand being a neighbor. I mean, I do sympathize with that, but I don't know. Steve and Chrissy say they found out the demolition was coming over email just hours before the university put out a press release to the public. An email? Yeah. Wait, the university told you via email the house was coming down? Yes. No one called to talk to you about it? No. They fought it to the last minute. So did others. Someone launched a petition on change.org that collected thousands of signatures. The day before the excavator came to tear down the house, the Gonsalves family, along with Zanna Kurnodos, put out a statement pleading to keep the house standing.

20:30But three days after Christmas, the demolition went ahead. I was up at like three that morning. Steve and I were sitting there talking. He left for work and it was a little after 640ish, 642. Before the sun's up. In the dark, I turned on the TV and the house was being torn down. They were actually taking a swipe at Kaylee's room right when I turned on the TV. The whole front was gone and I was literally like, that's literally Kaylee's room. That swipe, it just took. It was horrible.

21:12Here we go. My producer Timmy and I drove to the site where the house on King Road once stood. Oh, my heart's racing, actually. Oh, my gosh. It's totally gone.

21:31The lot is now a big, empty patch of dirt with a metal construction-type fence around it. They've covered the soil in straw. So empty and sad. There was a lot of life in that house at one point. And there is not a single thing left of it.

22:01Kaylee's parents, like the other victim's families, did get to retrieve their daughter's belongings from the house before it was torn down. But they've been critical of the way law enforcement has communicated with them. The reason why we felt like we had to get legal counsel was because we went and we asked multiple times, like, what items do you have of hers? And they refused to give us even a list of the things that they took of our daughters. Like, what things were like, taking into evidence. There's just things missing that are not anywhere, and they don't even say that they're coming back to us.

22:33They don't even acknowledge they have them. ABC News reached out to law enforcement in Moscow to ask about this. But there's a gag order in effect on the case, preventing the authorities from talking with us. But for the belongings that were returned to the Gonsalves family and the other victims' families as well, the university staged a modular home with all the contents released by investigators. Family members could walk through and gather what they wanted to take home. Christy describes the scene. It was kind of like a garage sale style, like tables. There was a living room area. There was the upstairs bathroom.

23:10So everything from the bathroom, the upstairs bathroom was Kaylee and Maddie's. There was, you know, the kitchen, I mean, even the food items. It was dark inside, and Christy and Steve say they were given headlamps to see the items they were supposed to pick up. The modular home had all the contents of the house laid out, like a snapshot frozen in time from November 13, 2022, the day of the murders. Even the dirty dishes, like exactly how they were, were bagged up in clear plastic bags and in the kitchen area of the modular. So yeah, we got like literally moldy dishes that were in the sink. The way things were labeled felt impersonal to Kaylee's parents.

23:50Nothing said Kaylee. It was all bedroom number two. So our daughter is bedroom number two. And the waste paper basket in bedroom number two was still full of trash. Her little garbage can in her bedroom with her garbage in it. Laying on top was a little squeezy applesauce thing that you would give to the toddler. I'm like, Kaylee, with her little squeezy applesauce thing right on top. But I'm sorry, was the trash can full? Mm-hmm. Mm-hmm. Um, yeah. It did not appear to have been gone through. And that made Steve and Christy question whether all the evidence had really been collected. Now, Kaylee and Maddie's bodies were found in Maddie's room, and the trash can was in Kaylee's room, where none of the victims were located.

24:38But we know from sources that there were other objects boxed up for return to families that were spattered in blood. We reached out to retired NYPD chief of detectives and ABC News contributor Robert Boyce to understand what's typical when it comes to returning items to families, while at the same time, preserving evidence. The retired chief said every item at a crime scene that contains human DNA gets sent to be tested, and evidence from high-profile cases like this one gets carefully screened. Let's understand there's three different agencies, at least, who are involved in this crime scene. The FBI, the state police, and also the local police out there as well.

25:22So these three agencies all getting together with a singular prosecutor's office has to go through each thing that's released back to the families. So there's a certain high level of scrutiny here. After the testing is done, anything that's deemed irrelevant to investigators gets returned to the families. That means food-encrusted plates, garbage, even things contaminated with blood, are given back. And as hard as that might be, they're returned exactly how they were. It was sad seeing her deodorant and things like that. You know, like her hairbrush. Yeah, you put the lid on it and think, we'll use it tomorrow.

26:07In all, police have said they gathered more than 100 pieces of physical evidence from the King Road home, along with some 4 ,000 photos and 3D scans of the residents. The person at the university who had to oversee returning the students' possessions to their families was Blaine Eccles, the Vice Provost for Student Affairs and Dean of Students. We talked about it as we walked through the site of the proposed healing garden on campus. He says they took it all very seriously and tried to be sensitive, both emptying the house and returning the personal effects to families. We put a very intentional process in place on how we could very deliberately and sensitively extract the belongings from the house and get it into a different location so that the families could come in on their time, take the time they needed to go through and collect whatever belongings they wanted.