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BOISE, Idaho (CBS2) — Bryan Kohberger was in court Wednesday afternoon as Judge Hippler heard arguments over whether or not to delay the start of his capital murder trial, scheduled to begin August 11.
Kohberger is accused of killing four University of Idaho students in their off-campus home in November 2022: Kaylee Goncalves, Xana Kernodle, Ethan Chapin, and Madison Mogen. His defense team filed a motion for continuance, which Judge Hippler heard arguments on Wednesday.
The defense argues that the nearly 68 terabytes of discovery turned over to them by the prosecution is so much data that there is no way for them to effectively go through all of it ahead of trial. To put that number in perspective, 68 terabytes is equal to roughly 17 million photos or 68,000 simple definition videos.
The defense's second point centered around sealed information that was leaked to the press, which aired in an episode of "Dateline." The defense argues that the court should allow more time for that information to cool down before going to trial.
CBS2 Defense Expert Ryan Black said that in a case like this, the defense is always going to attempt to delay the trial for as long as they can. If the defense loses, the state is going to put Kohberger to death, so delays in the trial translate to more time alive for their client.
The prosecution, on the other hand, will almost always want to push for the trial to start; they currently have momentum and media attention, as well as the victim's families, who are all wanting justice, Black said.
The state rebutted the defense's arguments, claiming that they are seeking a "perpetual continuance" in this trial. The prosecution argues that there will always be new pieces of media coverage, and the trial cannot be delayed indefinitely every time there is a new media piece released.
Black said that the defense is doing their job well, attempting to preserve the objection to the sheer amount of discovery for a potential appeal down the road, should Kohberger be found guilty.
He added that the issue over the leaked "Dateline" information can cut both ways. The longer the start of the trial is delayed, the more time there is for the information contained in that Dateline episode to permeate throughout the community.
Judge Hippler did not issue an order from the bench, reserving his right to issue a written order, though he did tell everyone to continue moving forward as though the trial would begin as scheduled.
News Source : https://wfxl.com/news/nation-world/state-claims-kohberger-defense-is-seeking-a-perpetual-continuance-ahead-of-murder-trial
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