Idaho murders judge makes key camera ruling as dismissal bid tossed

Bryan Kohberger returned to court today for a crucial hearing to argue why the grand jury indictment against him should be dismissed.

Judge John Judge denied the motion, but first made an unexpected decision to allow cameras in the courtroom.

The 28-year-old criminology PhD student is currently awaiting trial for the murders of University of Idaho students Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin.

Both the defence and the prosecution have been against cameras in the courtroom, but the media and the victims’ families have fought for cameras to be allowed.

Earlier this year, Mr Kohberger’s attorneys filed the motion to dismiss the murder charges against him, citing a biased grand jury, inadmissible evidence and prosecutorial misconduct.

They tried to argue “errors in grand jury instructions,” but the judge said it is the same instruction given to grand juries for 100 years.

Mr Kohberger was linked to the murders that rocked the town of Moscow through DNA evidence, cellphone data, an eyewitness account and his white Hyundai Elantra.

His attorneys have previously tried to argue that the DNA may have been planted and that the state has not handed all the evidence for the defence to review.

Key Points

Bryan Kohberger suffers two big losses in Idaho murders hearing

23:31 , Andrea Cavallier

Judge John Judge has denied a motion filed by Bryan Kohberger’s defence team to drop all charges against him.

Earlier this year, Mr Kohberger’s attorneys filed the motion to dismiss the murder charges against him, citing a biased grand jury, inadmissible evidence and prosecutorial misconduct.

Judge Judge said that while he appreciated the defence’s argument which he called “creative,” he quickly ruled that the grand jury’s indictment would stand.

“I appreciate the argument. I think it’s really creative and I appreciate the journey back through history,” the Judge said.

“I mean, what it comes down to for me is that I am constrained by what I believe is settled law in Idaho. I may be wrong, but this is certainly an issue that you would have to bring up with a higher court, like the Idaho Supreme Court, and I look forward to getting that.”

Andrea Cavallier reports.

Bryan Kohberger suffers two big losses in Idaho murders hearing

Judge denies Kohberger defence motion to throw out grand jury indictment

22:22 , Andrea Cavallier

Judge John Judge has denied the defence team’s motion throw out the grand jury indictment against Kohberger.

Court has adjourned for the day.

Defence argues grand jury was given the wrong instructions

22:06 , Andrea Cavallier

Kohberger’s defence is arguing the grand jury was given the wrong instructions – but Judge John Judge says it is the same instruction given to grand juries for 100 years.

Attorney Jay Logsdon is trying to pick apart the precedent on what grand juries need for an indictment and that the standard of proof should include more than just probable cause, KXLY reporter Jordan Smith tweeted from the courtroom.

Mr Logsdon believes the standard for an indictment should be elevated to “beyond a reasonable doubt.”

Defence makes argument to throw out grand jury indictment against Kohberger

21:47 , Andrea Cavallier

The Idaho murders suspect’s defence team is now arguing why the grand jury indictment against him should be thrown out.

Bryan Kohberger’s attorneys filed a motion earlier this year to dismiss the indictment, citing a biased grand jury, inadmissible evidence and prosecutorial misconduct.

The hearings at Latah County Courthouse were initially set for September but were ultimately pushed back to 26 October.

Kohberger hearing is underway after delayed start

21:44 , Andrea Cavallier

Bryan Kohberger and his defence team are in the courtroom for the second hearing of the day,

The first one was closed to the public.

Cell phones and laptops are allowed in the courtroom, but no recording is permitted.

There is a camera in the courtroom, but will not be public to view until after the hearing has concluded.

Will Bryan Kohberger’s hearing be livestreamed?

21:15 , Andrea Cavallier

There will be a camera in the courtroom for Kohberger’s hearing on Thursday, but it will not be public to view until after the hearing has concluded.

A line of people, including the victims’ families, members of the community and the media, has formed at the Latah County courthouse.

The hearing was supposed to start at 1pm PT/4pm ET, but appears to be delayed.

Public hearing to start any minute

21:05 , Andrea Cavallier

The Idaho murders suspect is set to appear at a Latah County courthouse for a hearing where his defence team will argue a motion to drop the charges against him.

Why was the 9am hearing closed to the public?

19:55 , Andrea Blanco

During Bryan Kohberger’s hearing this morning, details about the secret grand jury process were discussed by the prosecution and the defence.

Mr Kohberger has argued that the grand jury received improper instructions and that the evidence they are expected to review in the case is “insufficient” and/or “inadmissible.”

Members of the press will have access to the hearing scheduled for 4pm, but the procedures will not be livestreamed. Video of the hearing will be made available once the hearing is finalised.

Legal expert says that defence’s move is routine

17:56 , Andrea Blanco

David Gelman, a former Philadelphia-area prosecutor who is not involved in the Idaho murders legal case, told FOX News Digital that the defence’s attempt to have the charges against Mr Kohberger dropped is not uncommon.

“The motion to dismiss is a move that every defence attorney makes prior to trial,” Mr Gelman said. “If an attorney doesn’t make this motion, regardless if it has merit or not, they are pretty much committing malpra=

Hearing set to begin shortly

16:24 , Andrea Blanco

The first hearing scheduled for today is set to begin shortly.

Mr Kohberger’s defence is arguing that the grand jury was not given proper instructions and that the evidence they are to review is insufficient.

Bryan Kohberger to appear in court today

15:17 , Andrea Blanco

Welcome to The Independent’s liveblog on Bryan Kohberger’s court hearing today.

The court appearances at Latah County Courthouse were initially scheduled for September but were ultimately pushed back to 26 October.

The defence will seek to argue their claims of prosecutorial misconduct, insufficient evidence and a biased grand jury.