Kohberger Trial DELAYED? Judge Furious Over Leaks | The Emily Show

The Emily Show

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True Crime, Entertainment News, News

4.9 • 1.9K Ratings

🗓️ 26 May 2025

⏱️ 26 minutes

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Summary

Bryan Kohberger’s has filed a 40-page motion to continue the trial, arguing they are not ready and need more time for investigation and preparation, particularly for the death penalty phase. The defense is also concerned about a Dateline special that aired, featuring non-public information allegedly leaked from law enforcement or the prosecution. They argue the special was prejudicial and portrayed Kohberger negatively. In addition, a forthcoming book by James Patterson titled "The Idaho Four: American Tragedy" is also cited as a major concern. The book claims to have "unmatched access" to the investigation and is set to be released shortly before jury selection in July. The defense argues it will further prejudice the jury pool. The court had previously issued a non-dissemination order to restrict the release of certain information. The defense argues that both the Dateline special and the book appear to violate this order. The defense asserts that proceeding with the trial as scheduled would violate Kohberger's constitutional rights, including the right to a fair trial, due process, and effective counsel. The defense suggests that a trial delay might not be the only remedy, hinting at the possibility of further motions, such as removing the death penalty or dismissing the case.

RESOURCES

Previous Podcast Episode - https://www.youtube.com/watch?v=IAF8jCkNKn4

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Transcript

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0:00.0	Welcome back to the Emily show with an update from something that we talked about last week,
0:05.4	because it was going to be a week off and then this Coburger motion to continue.
0:11.8	We need to talk about it. Yes, there is a possibility that the Brian Coburger trial that is supposed to start opening statements in August,
0:20.4	it is supposed to begin jury statements in August. It is supposed to begin
0:21.7	jury selection in just a few weeks could get continued. And Dateline is a big consideration in this
0:29.8	defense motion. We just need to talk about it. So let's get into it. I'm legal analyst Emily D. Baker.
0:35.1	Yes, also a lawyer. and this is the Emily Show.
0:37.7	I break down the pop culture, entertainment, and high-profile cases that we're all talking about.
0:42.4	I know you want the facts, so let's get into it.
0:45.7	Last week, we covered everything that was going on with the Dateline special that the judge in the Coburger case is extremely concerned about.
0:55.7	He didn't say that he had grave concerns, but that was 100% the vibe.
1:00.9	Now, we know that the defense has asked numerous times that the court take the death penalty
1:05.2	off the table in this case and even cited back to the Lori Valallow prosecution where that was done as a remedy for a
1:13.4	discovery issue. So I am not surprised now that the defense is asking for continuance and asking for
1:19.7	further investigation about these leaks because if there is a violation of the court's order
1:25.0	on non-dissemination from the prosecution team or anyone
1:28.9	connected to the prosecution team. That can be any of the law enforcement agencies, even if
1:33.9	the prosecutors didn't know. I suspect that we will see the defense making a motion again to
1:39.2	take the death penalty off the table as a remedy for that violation. And we know that the court has asked the
1:46.8	prosecution to bring a motion within seven days, to bring in a special prosecutor, and to start
1:52.2	investigating how this happened. The court also said that they were deeply concerned about the
1:57.9	potential jury pool being exposed to information that is prejudicial and a lot of it likely not admissible in this trial.
	...

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