Bryan Kohberger’s has filed a 40-page motion to continue the trial, arguing they are not ready and need more time for investigation and preparation, particularly for the death penalty phase. The defense is also concerned about a Dateline special that aired, featuring non-public information allegedly leaked from law enforcement or the prosecution. They argue the special was prejudicial and portrayed Kohberger negatively. In addition, a forthcoming book by James Patterson titled "The Idaho Four: American Tragedy" is also cited as a major concern. The book claims to have "unmatched access" to the investigation and is set to be released shortly before jury selection in July. The defense argues it will further prejudice the jury pool. The court had previously issued a non-dissemination order to restrict the release of certain information. The defense argues that both the Dateline special and the book appear to violate this order. The defense asserts that proceeding with the trial as scheduled would violate Kohberger's constitutional rights, including the right to a fair trial, due process, and effective counsel. The defense suggests that a trial delay might not be the only remedy, hinting at the possibility of further motions, such as removing the death penalty or dismissing the case.
RESOURCES
Previous Podcast Episode - https://www.youtube.com/watch?v=IAF8jCkNKn4
Karen Read Retrial Playlist - https://www.youtube.com/playlist?list=PLsbUyvZas7gKOJlfL__9F027hlETVU-vo