Additional Coverage:
- Bryan Kohberger could escape death penalty because of leaked evidence aired during TV episode: fmr prosecutor (foxnews.com)
Leaked Evidence Could Impact Death Penalty Decision in Idaho Student Murders Case
Leaked information in the case against Bryan Kohberger, accused of killing four University of Idaho students, may affect the possibility of the death penalty, according to legal experts. Kohberger’s attorney argues that a recent television special, which aired potentially prejudicial information, could taint the jury pool.
The “Dateline” episode included surveillance footage of a car resembling Kohberger’s near the crime scene and alleged cell phone data placing him near the victims’ residence in the months prior to the murders. Former Assistant U.S. Attorney Neama Rahmani suggests this leak could violate Kohberger’s constitutional rights, potentially leading to an appeal or removal of the death penalty as a sentencing option.
Rahmani cited the Lori Vallow Daybell case, in which prosecutors were barred from pursuing the death penalty due to discovery violations. He argues a similar outcome is possible in the Kohberger case if the leaked information is deemed inadmissible and prejudices the jury.
Judge Steven Hippler acknowledged a likely gag order violation and ordered all parties involved to preserve relevant communications and data. He highlighted the revealed evidence, including surveillance footage, phone records, cell phone content, and Amazon account information, expressing concern about the impact on jury impartiality and trial costs.
Kohberger’s attorney, Anne Taylor, requested a trial delay due to the potential jury tainting from the “Dateline” episode. While prosecutors argued against a delay, the trial start date has been pushed back one week, with jury selection beginning August 4th and opening statements now scheduled for August 18th. A court spokesperson attributed the change to internal scheduling adjustments, not a defense delay tactic.