Judge denies Bryan Kohberger’s motion to dismiss indictment on grounds of “error” in grand jury instructions

A judge Thursday rejected a motion to throw out the indictment of a man charged with fatally stabbing four University of Idaho students last year, CBS affiliate KREM-TV reported.

Lawyers for Bryan Kohberger, the man accused in the slayings, had argued his indictment should be thrown out on the grounds of “error in grand jury instructions,” KREM reported. 

Kohberger’s defense took particular issue with the burden of proof being established to the jury as “probable cause” instead of “beyond a reasonable doubt,” which it argued was not standard in the state of Idaho, KREM reported.

Latah County District Judge John Judge denied the motion, saying that while it was “creative,” he ultimately could not do anything to change existing law, according to KREM.

Judge said Thursday that “this is certainly an issue that you would have to bring up with a higher court, like the Idaho Supreme Court,” the Idaho Statesman reported.

Kohberger is charged with four counts of murder in connection with the deaths of Madison Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin at a house near the Moscow, Idaho, university campus last November.

Kohberger at the time was a graduate student studying criminology at Washington State University in neighboring Pullman, Washington. A not guilty plea was entered on his behalf earlier this year.

Latah County Prosecutor Bill Thompson has said he intends to seek the death penalty.