According to court documents obtained by CNN, Latha County Judge John Judge turned down Kohberger’s defense team’s request to dismiss the grand jury indictment in the case.
For this latest dismissal request, the defense focused on the grand jury being biased and concerns they had regarding case evidence, officials said.
During an October hearing, Kohberger’s attorneys argued that prosecutors did not fully comply with Title 2 of the Idaho code, in connection with issues related to jury selection and the jury questionnaire.
The defense argued the grand jury indictment should be “beyond a reasonable doubt” with the standard of proof in the case, court documents said.
Kohberger’s team said, “The grand jury ought to find an indictment when all evidence before them, taken together, if unexplained or uncontradicted, would, in their judgment, warrant a conviction by a trial jury.”
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For the prosecution, they argued the grand jury’s decision was correct, since the Idaho law states they only need “probable cause” for the standard of proof. They added, “A grand jury is not a trial jury,” according to court documents.
Judge previously denied a motion to dismiss the murder charges in October based on claims of inaccurate instructions to the grand jury, CNN reported.
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In November 2022, Kohberger, 28, was studying for a Ph.D. in criminology at Washington State University when police believe he broke into a home in Moscow, Idaho, and allegedly fatally stabbed four students — Kaylee Goncalves, 21; Madison Mogen, 21; Xana Kernodle, 20; and Kernodle's boyfriend, Ethan Chapin, 20.
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