Bryan Kohberger's family can attend Idaho murders trial — even if called to testify, judge rules
Bryan Kohberger's immediate family members will be allowed to attend his upcoming quadruple-murder trial in the stabbing deaths of four University of Idaho students, even if they might be called to testify, a judge ruled in an order made public Thursday.
The order followed a previous court filing from prosecutors, which included a list of the family members they intended to call and explanations as to why each of those people should be kept out of the courtroom. After reviewing the list, Judge Steven Hippler said Kohberger's immediate family would not be included in that group.
"Having considered the State's response, the Court—exercising its discretion—finds good cause to excuse Defendant's immediate family (i.e., parents and siblings) from the anticipated exclusion order," Hippler wrote in this week's decision.
Witnesses in criminal cases are sometimes excluded from attending trials to prevent them from shaping their testimony in response to what other witnesses have said or what evidence has been presented. But Hippler wrote that Kohberger's Sixth Amendment right to a public trial also entitles him to have his parents and siblings present if they want to attend.
"Courts recognize that having defendant's family members present at trial advances the values served by the right to public trial, i.e., ensuring fair proceedings; reminding the prosecutor and judge of their grave responsibilities; discouraging perjury; and encouraging witnesses to come forward," Hippler wrote.
Kohberger, 30, a former graduate student in criminal justice at nearby Washington State University, is charged in the stabbing deaths of Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves at a rental home near campus in Moscow, Idaho, on Nov. 13, 2022. He faces four counts of first degree murder. Early in the case, Kohberger stood silent when asked to enter a plea on the charges, and the judge entered a not guilty plea on his behalf.
Prosecutors have said they intend to seek the death penalty if Kohberger is convicted at his trial, which is set to begin in August.
Hippler said the court must balance Kohberger's right to a public trial with the state's interest in obtaining forthright testimony from witnesses. But, he added, there is little risk of Kohberger's family members shaping what they might say from the witness stand in response to what they observe at the trial: The scope of their proposed testimony is narrow, and they have previously given recorded interviews that will help guard against them altering what they say.
The judge also said the publicity around Kohberger's trial likely means his family members would be aware of the evidence and testimony expected in the prosecution's case, whether they are physically present in the courtroom or not.
Hippler previously ruled that family members of the victims may attend the trial. Steve Goncalves, whose daughter was killed, attended a hearing with his wife in early April where attorneys debated what could be presented during Kohberger's trial.
