Bryan Kohberger, a suspect in the Idaho student murders, has had his attempts to dismiss the indictment against him denied.
The charges against him include four counts of first-degree murder and a burglary charge.
His defense team filed two motions to dismiss, arguing for a higher standard of proof in the grand jury process and alleging juror bias and prosecutorial misconduct. (Trending: Assault Weapons Ban Set To Take Effect, Here’s What To Know)
Judge John Judge wrote in his ruling, “Based on history, case law, and Idaho Criminal Rules, … the standard of proof for a grand jury to indict is ‘probable cause.’”
“Therefore, the motion is denied,” he continued.
“Beyond a reasonable doubt” is the burden of proof required to obtain a conviction in a jury trial, not an indictment.
The judge explained, “The arguments from the defense for a ‘beyond reasonable doubt’ standard for the grand jury were historically interesting and creative, but do not overturn Idaho courts’ interpretation of the statute, the case law, and the Criminal Rules, specifically Rule 6 through 6.8I.C.R., that the standard for the grand jury to indict is ‘probable cause.’”
“Kohberger has failed to successfully challenge the indictment on grounds of juror bias, lack of sufficient admissible evidence, or prosecutorial misconduct,” Judge wrote.
“Kohberger was indicted by an impartial grand jury who had sufficient admissible evidence to find probable cause to believe Kohberger committed the crimes alleged by the State,” he continued.
Adding, “Further, the State did not engage in prosecutorial misconduct in presenting their case to the jury.”
Both motions were denied, and the trial, initially scheduled for October, has been delayed.
If convicted, Kohberger could face the death penalty.
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