MOSCOW, Idaho — KREM 2 isn't expecting a whole lot to happen during Thursday's status hearing. The Moscow murder suspect will not enter a plea. It's really just a hearing to schedule future court proceedings.
We spoke to a trial lawyer about what's to come and what challenges Bryan Kohberger's defense could have, given the national interest in the case.
As classes resume at the University of Idaho for the start of the spring semester, the suspect in the stabbing deaths of four students will return to Latah County Court Thursday morning, a week after a judge read the charges against him, letting the 28-year-old know he could face the death penalty if convicted.
"The desire to want to bring closure to this matter quickly is an understandable instinct, but from experience time will benefit everyone," Trial Lawyer Mo Hamoudi said.
Hamodui is a trial lawyer and an adjunct professor at the Seattle University School of Law. He says even after Thursday's status hearing, there still has to be an arraignment where the defendant will enter a plea of guilty or not guilty.
"After that date, the prosecutors office has 60 days to file a formal notice that it intends to seek the death penalty and it can only seek the death penalty if a variety of factors are met," Hamoudi said.
In Idaho, not every homicide is eligible for the death penalty. There must be aggravating factors.
"If by way of example, the crime was committed in a particularly heinous manner, or the crime involved more than one death, or if the crime occurred in the commission of a felony like a burglary," Hamoudi said.
If prosecutors seek the death penalty, the legal process could taken even longer. Hamoudi says with any homicide case, publicity can pose a challenge. He wasn't surprised to see a judge issue a gag order.
"To prevent prejudicial information from reaching the jury pool since this is such a small county," Hamoudi said.
Hamoudi says the defense or a judge may consider a change of venue, holding the trial in a different county. But, finding an unbiased jury could still be challenging since people around the country are still talking about the case.
As reported by CBS News, Kohberger's neighbor says Kohberger spoke to him about the murders days after it happened.
"He brought it up in conversation, asked if I had heard about the murders," Kohberger's neighbor said. "I said, 'Yes I did.' And he said, 'Seems like they have no leads and it's a crime of passion.' And that's what I remember from that conversation."
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