MOSCOW, Idaho — The judge presiding over the case against the man accused of killing four University of Idaho students last year issued a 37-day stay on the clock that is ticking to take him to trial in October.
Bryan Kohberger, 28, is charged with four counts of murder and one count of burglary in connection to the stabbing deaths of Xana Kernodle, Ethan Chapin, Kaylee Goncalves and Madison Mogen.
A Latah County grand jury indicted Kohberger in May, and pleas of not guilty were entered on his behalf on May 22, when he stood silent during his district court arraignment. He is scheduled to face trial Oct. 2, but that could be pushed out 37 days.
Under Idaho law, defendants must be brought to trial within six months of their district court arraignment unless they waive their right to a speedy trial. Kohberger has not waived it.
Because Kohberger plans to contest the indictment, his attorneys need to review the grand jury transcripts, which could take significantly longer to do.
On June 15, they filed a motion to stay the proceedings so they could review those transcripts, but on July 10, Latah County District Judge John Judge denied this without prejudice -- meaning it's not dismissed forever.
He stated that Kohberger's motion to stay the proceedings is slightly premature, since he has not reviewed the transcripts from the grand jury yet. Those transcripts are expected to be finished July 21, the order said.
Once he does review the transcripts, another motion to stay the proceedings can be filed if Kohberger chooses to do so.
However, Judge did grant a partial stay on Monday -- he will pause the 'speedy trial' clock for a period of 37 days, lasting from July 6 to Aug. 11.
"This time will allow the defense to obtain all the grand jury materials it is entitled to," Judge wrote. But, "precious time is ticking" he said in the order.
This stay will not pause any other portion of the proceedings, like discovery or motions, nor will it give Kohberger more time to produce an alibi -- he must submit his alibi in writing on July 24.
In essence, this means that Kohberger must be brought to trial within six months and 37 days of his arraignment. His trial date, the court filings say, is still set for Oct. 2, but can be moved 37 days out if attorneys need the extra time to prepare for trial.
Kohberger has a motion hearing Aug. 18 at 9:30 a.m. MT.
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