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Bryan Kohberger's motion to dismiss indictment based on jury instruction error denied

Bryan Kohberger appeared in Idaho courtroom for a hearing on his motion to throw out his indictment in the deaths of four University of Idaho students.
Bryan Kohberger
Posted at 3:10 PM, Oct 27, 2023
and last updated 2023-10-27 18:37:07-04

MOSCOW, ID — It's been almost six months since the man charged with killing four University of Idaho students was indicted by a grand jury.

Now, his defense wants that group's decision thrown out.

Bryan Kohberger appeared in Latah County Court Thursday, October 26, 2023, for a hearing on his motion to throw out his indictment on the grounds of "error in grand jury instructions."

The defense, state and judge argued about a precedent previously set by the Idaho Supreme Court.

Ultimately, the judge said he couldn't do anything to change existing law and denied the motion.

Kohberger is accused of murdering Ethan Chapin, Kaylee Goncalves, Xana Kernodle and Madison Mogen in an off-campus home on November 13, 2022.

The state of Idaho says they intend to seek the death penalty against him.