ADA COUNTY, Idaho — A judge ruled this week that Bryan Kohberger’s immediate family may attend his upcoming murder trial in the stabbing deaths of four University of Idaho students— even if they might be called to testify.
Sometimes, witnesses in criminal cases are excluded from attending trials to prevent them from shaping their testimony around what other witnesses have told the jury.
However, Judge Steven Hippler wrote that the Sixth Amendment entitles him to, “at the very least… to have his friends, relatives and counsel present, no matter with what offense he may be charged.”
Judge Hippler went on to say that having family members present at trial ensures fair proceedings and reminds the prosecutor and judge of their “grave responsibilities.” He also said that it discourages perjury and encourages witnesses to come forward.
Securing a fair trial is something Kohberger’s defense team has flagged multiple times, pointing to the large media coverage of the case. They also noted that the emotions of the close-knit Moscow community may make it difficult to find an impartial jury. The trial was moved out of the county where the university resides.
Hippler said the court must balance Kohberger’s right to a public trial with the state’s interest in obtaining forthright testimony from witnesses.
The judge added that there is little risk of Kohberger’s family members shaping their testimony around other witnesses because they have previously given recorded interviews that will help guard against them changing their story. Also, he noted, the scope of their testimony is narrow and likely won’t be tied to the testimony of other witnesses.
Kohberger is accused of murdering Madison Mogen, Kaylee Goncalves, Xana Kernodle, and Ethan Chapin at an off-campus home in November 2022.
He has pleaded not guilty to the charges.
Jury selection is set to begin on July 30 of this year.
The trial is scheduled to begin on August 11 and is expected to last through November 7.
If convicted, prosecutors are asking he face the death penalty.
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