Idaho quadruple murder suspect Bryan Kohberger might avoid the death penalty if convicted because of leaked evidence, a former prosecutor said. The leaked information, which included surveillance video and cellphone data, was aired in an NBC ‘Dateline’ special, and has been used by Kohberger’s defense to argue that it has tainted the jury pool.
Kohberger is accused of killing Madison Mogen, 21, Ethan Chapin, 20, Kaylee Goncalves, 21, and Xana Kernodle, 20. The television episode featured surveillance video from a neighboring house, which caught a car similar to Kohberger’s driving in the King Road area several times in the hours and minutes before the students were killed. The episode also included alleged evidence from a nearby FBI cellphone tower, which showed that Kohberger’s phone pinged nearly a dozen times near a tower providing coverage to an area within 100 feet of 1122 King Road, where the students were killed. The phone allegedly pinged near the tower on multiple occasions between July 2022 and mid-August 2022.
Former Assistant U.S. Attorney Neama Rahmani told Fox News Digital that the leak has the potential to remove the death penalty as a punishment. She argued that if the leak results in prejudicial pretrial publicity that taints the jury pool, especially if the leak was of inadmissible evidence, it could be a constitutional violation. Rahmani also referenced the Lori Vallow Daybell case, where the court ruled that prosecutors could no longer seek the death penalty after they failed to comply with discovery rules.
On May 15, Judge Steven Hippler stated that a violation of the gag order was likely committed by someone involved in the case. He ordered the prosecution and defense team to preserve all communications and data relating to the case, including law enforcement officers who worked on the case. Hippler warned that such violations not only undermine the rule of law but also significantly impede the ability to seat an impartial jury, increasing the cost to taxpayers of Latah County.
Kohberger’s lawyer, Anne Taylor, has asked Hippler to delay the trial due to the potential for juror bias, while prosecutors argue that the court is well-equipped to handle media coverage and conduct a fair trial. An amended scheduling order filed in Idaho’s Fourth Judicial District Court pushed the trial back one week, with jury selection beginning on August 4 and opening statements on August 18.
A court spokesperson explained that the updated timeline was not due to any defense attempt to delay the proceedings but rather an internal scheduling adjustment by the court. The case continues to draw attention for its legal and ethical implications regarding the impact of media leaks on capital punishment cases.