Why Bryan Kohberger Wants to Delay Trial

Bryan Kohberger, the suspect arrested in the University of Idaho student murders, has waived his right to a speedy preliminary hearing, delaying the start date of a potential trial.

Kohberger appeared Thursday in an Idaho court for a status hearing. His public defender, Anne Taylor, said that he was willing to waive his right to a timely preliminary hearing, which would have required it to take place within 14 days. Taylor explained that Kohberger wanted his defense team to have time to review and discover new information about the case. Kohberger has said through his lawyer that he expects to be exonerated.

The preliminary hearing was scheduled to begin June 26 at 9 a.m. local time and could last for several days. Judge Megan Marshall said that the court will block off the days from June 26 to June 30 in case prosecutors or the defense team needs more time to present all their evidence.

Kohberger, 28, was arrested on December 30 at his parents' home in Albrightsville, Pennsylvania, and charged with four counts of murder in the first degree. His arrest came over a month after Kaylee Goncalves, 21, Madison Mogen, 21, Ethan Chapin, 20, and Xana Kernodle, 20, were found fatally stabbed in an off-campus residence near the University of Idaho. Kohberger was also charged with one count of felony burglary.

Michael McAuliffe, a former federal prosecutor and Florida state attorney, told Newsweek that "at a preliminary hearing the prosecutors must formally establish probable cause for the charges initially brought against the defendant."

One potential advantage for the defense counsel in a preliminary hearing is that the state must "reveal enough evidence to hold the defendant over for trial," he said.

"The downside of such a move," McAuliffe continued, "is that the government can present a one-sided version of the evidence, including telling its version of events in a public forum despite the court ban on commentary by the parties, and can choose not to present all of the evidence it has against the defendant."

Neama Rahmani, a former federal prosecutor and president of West Coast Trial Lawyers, said that a preliminary hearing could be considered a "mini-trial or a trial before a trial."

Discussing the major differences between a preliminary hearing and a trial, Rahmani said that "in a prelim many of the rules of evidence do not apply and the prosecution can present hearsay evidence. The standard of proof is much lower, probable cause instead of beyond a reasonable doubt, and a judge makes the determination instead of a jury."

In a statement following his arrest, Kohberger's lawyer in Pennsylvania, Jason LaBar, said that his client was "eager to be exonerated."