00:00 Court sides with Brian Koberger for Idaho College Murders
00:03 trial to be held in private.
00:04 Brian Koberger got some favor from the court
00:07 after a judge granted his attorney's request
00:09 for a closed hearing.
00:10 Authorities arrested Koberger on December 30, 2022,
00:13 following the fatal stabbing
00:15 of four University of Idaho students.
00:17 His attorneys are currently seeking dismissal
00:19 of his indictment based on lack of proper evidence.
00:21 Koberger forced the judge to enter a not guilty plea
00:24 for him and waived his spee trial right.
00:26 A parent of one of the victims recently accused Koberger
00:29 of receiving preferential treatment behind bars.
00:32 Plus, Koberger's attorneys won the judge's heart
00:34 with their motion for a closed hearing file on September 19.
00:38 According to Radar Online, the request has been granted
00:41 and the hearing to set the indictment aside
00:43 will be conducted behind closed doors on Friday.
00:46 A Lotta County grand jury previously issued murder charges
00:49 against him on May 16, 2023,
00:52 after which he was formally charged on May 22
00:54 with the judge recording a not guilty plea
00:57 for all murder allegations.
00:58 This followed the 28 year old
01:00 and his legal team's decision to stand silent
01:03 when asked for a plea.
01:04 Afterward, the court informed them of the weight
01:06 that the charges carried,
01:07 including the possibility of the death penalty.
01:09 Koberger's legal team has hinted at having proof
01:12 that supports his presence at a different place
01:14 during the night of the attack that resulted in the deaths
01:16 of the four students, Ethan Chapin, Santa Cronodel,
01:19 Madison Mogan, and Kaylee Goncalves off campus.
01:22 However, upon searching the suspect's parents' home,
01:25 the authorities see suspicious items like gloves,
01:27 a hat, a face mask, and knives believed to belong to him.
01:31 A DNA of Koberger's fingerprint
01:32 was linked to the crime scene as well,
01:34 which further led to an investigation into his activities
01:37 and eventual arrest.
01:38 While awaiting the hearing on September 22,
01:41 Koberger's lawyers are actively trying
01:43 to have the charges dropped.
01:44 They believe that the grand jury was unfair
01:46 in holding up the indictment based on insufficient evidence.
01:49 Koberger's defense also feels that there isn't enough proof
01:52 and that some evidence was kept secret by the court.
01:55 On the other hand, the prosecutors have revealed
01:57 a lot of evidence to the court
01:59 that connects Koberger to the murders.
02:01 They have videos from security cameras,
02:03 records from phones, and Koberger's DNA.
02:05 They explained all of this in a document shared by CBS.
02:08 It shows the case against Koberger is strong,
02:11 given the circumstances.
02:12 However, both sides are ready to sort things out in court
02:15 and help decide the next step in the murder case.
02:17 Koberger is currently in jail without bail,
02:19 and his trial, initially set for October 2,
02:22 might be delayed because he chose to give up his right
02:25 to a fast trial.
02:26 In court on Wednesday, Judge John accepted this decision
02:29 and indefinitely postponed the trial.
02:31 During the hearing, the judge asked Koberger himself
02:33 if he made this choice without any pressure.
02:35 Koberger's lawyer, Ann Taylor, explained to the court
02:38 that they needed more time to prepare their case properly,
02:41 and October 2 would be too soon.
02:43 According to Idaho law,
02:44 if a defendant doesn't give up this right,
02:46 they must have a trial within six months of being charged.
02:49 Since they gave up the right,
02:50 the defense would have enough time to get ready
02:52 for when the next date is fixed.
02:54 Steve Goncalves, a parent of one of the victims,
02:56 opened up to Fox News on his belief
02:58 that the murder suspect was being given
03:00 preferential treatment while awaiting trial.
03:02 He received news that Koberger had privileges
03:04 like special food and internet access in jail.
03:07 This comes after he was arrested in December 2022
03:10 and put in the Lada Moscow County Jail with no bail.
03:13 Goncalves claimed in his statement,
03:14 "I've been told that his privileges before the trial,
03:17 like having five suits, access to video and a computer,
03:20 and getting special vegan meals,
03:22 are like nothing we see in Idaho's history."
03:24 The father of the victim, Kaylee,
03:26 added that he personally saw the moment
03:28 when the police decided not to handcuff Koberger
03:30 during a court hearing.
