Why the public will have to wait to see additional documents in the Kohberger case that could shed light on brutal murders

CNN

2 days ago

Even with Bryan Kohberger set to spend the rest of his life in prison for the 2022 murders of four University of Idaho students, the public won't get to see the rest of the sealed documents in the case right away — and many could stay hidden for much longer, if not for good.
The 30-year-old was sentenced Wednesday after admitting to fatally stabbing Kaylee Goncalves, Ethan Chapin, Xana Kernodle and Madison Mogen at their off-campus home. Still, his plea agreement leaves key questions unanswered, including his motive, why he targeted the victims and why two roommates were spared.
While a trove of documents was released Wednesday, sealed filings continue to leave a fog over the case, which drew national attention to a grisly crime that rocked a small college town. By accepting a plea deal to stay off death row, Kohberger avoided a high-profile trial at which those matters almost certainly would have come up.
Now, with Kohberger declining to speak at his sentencing hearing, the contents of some of the sealed documents — and whether they might reveal a possible motive — are of heightened interest to the victims' families.
State Judge Steven Hippler last week lifted a gag order but declined the media's motion to intervene and unseal documents, which could well shed light on the lingering unknowns. Only after the sentencing, the judge said, would the court begin a fresh review of the sealed filings, including exhibits and records related to evidence, court documents show.
Hippler also cautioned that the 'process is going to take time. And I'm not talking days; I'm probably not talking weeks for that to be accomplished,' he said. 'I'm unlikely to unseal much until after sentencing and after the appeals period has run.'
After Kohberger was sentenced to life without parole Wednesday, the Moscow Police Department released hundreds of documents related to the investigation into the murders. The documents shed light on how former friends and fellow students described him, the disturbing murder scene at the King Road house, what his first interview with officers after his arrest entailed and Kohberger's life in prison.
More documents will be made public after the sentencing on a rolling basis as they are reviewed, the city of Moscow said.
Judges often delay unsealing documents until the appeals process is resolved to protect the defendant's right to due process and ensure it's not jeopardized by sensitive information in the filings, said Jeremy Eldridge, a criminal defense attorney and former prosecutor in Baltimore.
While Kohberger waived his right to appeal his plea and sentence, and to seek leniency or reconsideration of his sentence as part of his plea agreement, he still has the right to request these options — though doing so is highly unlikely and almost certainly would not be in his best interest, Eldridge said.
In Idaho District Court, where the case was heard, a notice of appeal must be filed within 42 days — roughly early September — according to the state Supreme Court.
That's likely how long Hippler will wait before making a determination about many of the sealed documents in Kohberger's case, said Eldridge, a partner at Zealous Advocates, a firm with multiple locations and a coalition of lawyers that takes on larger or high-profile cases.
As long as that legal window is open, some of the case's sealed documents — and whatever details they might reveal about the crime — are likely to stay secret from the public.
Several documents made public by the city Wednesday revealed how Kohberger's friends and fellow students viewed him.
Among the documents detailing the Moscow Police Department's investigation was an interview investigators conducted with a former friend of Kohberger, who described the convicted killer as 'intelligent but also selfish.'
The Washington State University student, whose name was redacted and was referred to as 'L,' said Kohberger would often mislead him when it came to their shared work and would have 'L' complete work meant for Kohberger.
Kohberger was a graduate student and teaching assistant at Washington State University's Department of Criminal Justice and Criminology.
Kohberger attempted to use his authority as a teaching assistant to inappropriately interact with female students, 'L' said, adding that he thought Kohberger wanted a girlfriend, since they spoke about that on many occasions, according to the document. 'L' said Kohberger asked him to help fight allegations that threatened his teaching assistant position.
After the killings, 'L' said Kohberger began to talk much more than usual, which he characterized as coming from someone who wanted to vent. 'L' said they liked to discuss his area of study, which was criminal decision-making and crimes like burglary.
'L' also told the police he thought he noticed injuries on Kohberger's face and hands on two occasions in October and November 2022: One was a large scratch on Kohberger's face which 'L' described as looking like scratches from fingernails. Another injury he thought he saw was Kohberger's wounded knuckles on two separate occasions. He said he asked Kohberger about it, who told him he had been in a car accident, according to the document.
A woman who was in a class where Kohberger was a teacher's assistant in the fall of 2022 said she saw several photos of her and her friends on his phone while watching a 'Dateline' special on the murder case, according to the newly released documents.
She said that she had never spoken to Kohberger, but that he did sit near her when he attended class, which she noted was rarely. The student said she thinks the photos she saw in the TV special were taken from her Instagram account, which was public in 2022.
Documents released on the day of the sentencing hearing also unfurled details on the aftermath of the gruesome murders – from the police response to the scene to the first interview with Kohberger following his arrest.
Moscow police officers who responded to the King Road house on the morning of the murders described a disturbing scene, with one officer saying 'it was obvious an intense struggle had occurred,' documents released Wednesday show.
One officer said 'Kaylee (Goncalves) was unrecognizable as her facial structure was extremely damaged.' Another officer said they were 'unable to comprehend exactly what I was looking at while trying to discern the nature of the injuries.'
At least two officers who were on scene reported the back patio door being open upon their arrival and seeing footprints in the snow outside the door. One officer reported a black backpack found in the backyard.
On the night of the murders, Bethany Funke, one of the surviving roommates, told police she heard what sounded like a firecracker and called another roommate, Dylan Mortensen, who told her she saw someone wearing black walking around the house, according to the newly released documents.
The next day, one of the surviving roommates called a friend around noon and asked them and another person to come over as 'she thought something 'was not right in her house,'' according to the documents.
Upon entering Xana Kernodle's room, the friend said he initially didn't realize there was dried blood in the room. Once the witness realized it was blood, he started 'uncontrollably crying,' and told everyone to get out of the house and called the police, the document said.
On December 30, 2022, Kohberger had his first interview with officers after his arrest, documents show. The interview involved small talk for much of the time, but was quickly shut down when the officers started asking Kohberger about the Idaho murders. When asked if he knew what happened, Kohberger told the investigators that 'he was aware of a homicide' — but only because he received an alert on his phone from the university.
Asked if Kohberger wanted to talk about the murders, the defendant replied, 'Well, I think I would need a lawyer,' according to the document. When pressed further, Kohberger again reiterated that he wanted to talk to an attorney, the officer wrote.
Documents released Wednesday also shed light on Kohberger's time in the Latah County Jail in Moscow, Idaho.
After his arrest, Kohberger took long showers and barely slept, an inmate housed next to him said, according to one document.
Kohberger would wash his hands 'dozens of times a day' and would spend up to an hour in the showers, according to the investigation documents. The admitted killer would spend almost all of his nights awake, only taking a nap during the day, the inmate said, according to the documents.
Kohberger also would move around throughout the night, which would annoy his neighboring inmate. Kohberger spoke with his mother for hours every day via video call while in jail, according to the documents.
Lawyers on both sides originally requested that some documents and evidence be sealed by the court before the trial to protect Kohberger's right to a fair process, to protect the identities and personal information of sources and witnesses and to avoid disclosing investigative methods, according to court filings now available online.
Now that sentencing is over, Hippler intends to review other documents that were sealed by the court in waves, he said, to determine whether each filing is appropriate to release to the public, with or without redactions, in line with state rules and with an eye toward protecting personal information, such as Social Security numbers, and people from 'undo harassment.'
Lawyers will also be able to object to the unsealing of filings and request redactions as documents are considered in tranches, newest to oldest, the judge added.
But the process could be delayed or upended if Kohberger seeks an appeal, a right the US Supreme Court has ruled defendants maintain, even if they have waived it, Hippler said last week.
The high court ruled in Garza v. Idaho in 2019 that defense attorneys must file such a request, calling the filing of a notice of appeal a 'ministerial task' and reaffirming even defendants who have agreed to an appeal waiver as part of a plea agreement still have that right.
The Supreme Court 'doesn't say that means the lawyer has to write the appeal, has to argue the appeal – what it's saying is this is a ministerial task, and we want you to go ahead and file that paper with the court,' Eldridge said.
If Kohberger asks his lawyer to file a notice of appeal, 'no one is saying that it doesn't breach the plea agreement,' he said. 'But the fact that there is that possibility that it could happen is what is slowing down the disclosure of the (sealed) documents.'
While Kohberger has not indicated he wants to appeal, it is the judge's job to 'protect the process,' Eldridge said. Ultimately, the defendant's due process at this point 'is paramount to the public's interest in viewing documents.'
'I think the court was wise to say, 'We can't speak in definitive terms about a defendant exercising his post-trial rights until that time has passed,'' he added.
Just because defendants who agree to waive their right to appeal can still ask their lawyers to pursue one doesn't mean it's in their best interest, Eldridge said.
In the unlikely event Kohberger does appeal, he could have a lot to lose. If the court finds a defendant's appeal violates their plea agreement, the state could reopen the case, Eldridge said.
'If he were to file an appeal that was violative of that plea agreement, then all bets are off. You're back to – in Latin – what's called the 'status quo ante,' or the very beginning, which is not where anybody wants to be,' Eldridge said, especially Kohberger, whose deal precludes the death penalty.
Without wading into specifics, the Supreme Court also ruled defendants could appeal on grounds outside a plea agreement. But these instances are very limited, and it's 'difficult to contemplate or think' of what would be outside the scope of a deal, Eldridge said.
Typically, when defendants enter a guilty plea, they sign an advisement explaining their rights.
'It's an exchange, it's like a contract. You're saying to the state and to the court, 'Hey, you've made this plea offer to me. I want to accept this plea, and in consideration and trade, I am agreeing that I am not going to appeal my case to the next highest court,'' Eldridge said.
'These are very common,' he added, 'there's no problem with that.'
Still, it's possible this isn't the end of Kohberger's dealings with the court, Eldridge said.
After the appeals window closes and his conviction becomes final, Kohberger – like any defendant – can file post-conviction motions.
These can include arguing an attorney was ineffective or the plea wasn't voluntary. These are not appeals, Eldridge said, so they would not violate or interfere with a defendant's plea agreement.
And importantly, 'some of these other motions don't come with repercussions,' he said.
'When people are serving lengthy sentences, they spend their time trying to find a way to write themselves out of jail, so most people will avail themselves of any legal recourse that is available to them,' Eldridge said.
Such efforts could include motions, he added, 'equivalent of buying a lottery ticket.'
CNN's Tori B. Powell, Danya Gainor, Aditi Sangal and Taylor Romine contributed to this report.