Prosecution, defense scrap over evidence in hearing

The prosecution and defense in the Bryan Kohberger case pointed fingers at each other during a Thursday hearing regarding whether certain information about evidence should be made public.

Latah County District Judge John Judge ultimately decided to keep a May 14 hearing closed to the public despite the wishes of Kohberger’s attorney Anne Taylor.

Kohberger’s defense claims it has submitted requests for more evidence from the prosecution, including cellphone tower information, drive test information, video of a vehicle near the crime scene and audio from a video, Taylor said.

Kohberger faces four counts of first-degree murder and one count of burglary in the November 2022 stabbing deaths of University of Idaho students Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin. He faces the death penalty if convicted.

Taylor accused the prosecution of intentionally withholding this evidence for its own interests.

“What is the state trying to hide?” Taylor said.

Taylor argued these matters should be discussed in public hearings. She said information about evidence against Kohberger has already been made public, including the alleged DNA on a knife sheath found at the crime scene, and the alleged cellphone data used to track Kohberger’s whereabouts the day of the murders.

“Bryan is innocent,” Taylor said, and he has a right to public hearings.

Latah County Prosecutor Bill Thompsons called Taylor’s accusations about withholding evidence “utter nonsense.”

He said his team is providing the defense with everything it can when the prosecution receives it. He also discussed the delays and difficulty of working with federal investigators who have their own rules to follow. Additionally, Thompson claimed that some of the evidence Taylor has asked for does not exist.

Deputy Prosecutor Ashley Jennings said the court needs to balance Kohberger’s right to a public hearing with his right to a fair trial.

She said the state has nothing to hide, but some information must remain sealed to protect the integrity of the case and the chance at a fair trial. Jennings said some of the requested evidence includes names of private citizens who were interviewed during the investigation, names of private businesses and genealogy information.

Jennings said if the May 14 hearing is public, the media and the public will hear about this evidence without context, and it will fuel speculation, assumptions and false narratives. She also said it is likely much of what the defense has asked for will not be offered during the trial.

Jennings said Kohberger’s right to a public hearing does not mean he has a right to try this case in the media.

Taylor said she will not talk about the specific details that have already been sealed by the court.

Judge expressed concerns about this evidence being discussed publicly before Kohberger’s trial begins, especially since the public may not have the appropriate context for that evidence.

“That’s what trials are for,” he said.

Judge decided to close the May 14 hearing to the public. Before ending Thursday’s hearing, Judge scolded the prosecution and defense for the finger-pointing they have displayed recently. He said when this starts to get personal, “it’s destructive.”

“I really want you all to tone it down,” he said.

Judge did grant Taylor’s request to sign subpoenas to get information from the FBI.