BOISE, Idaho (CBS2) — Bryan Kohberger was in court on Thursday as his defense attorneys presented a motion to dismiss the Grand Jury indictment against him.
Kohberger is charged with 4 counts of first-degree murder in the stabbing deaths of four University of Idaho students who were killed last November.
The basis for the defense counsel's argument is that the instructions given to the grand jury were improper, spending time focusing their arguments on the phrase "Beyond a reasonable doubt." Judge Judge responded to this argument by saying "Reasonable doubt has been the standard in Idaho for nearly 100 years."
Judge Judge continued his response to defense counsel saying that the grand jury instructions are given across the state and that the Idaho Supreme Court rulings bind him.
Defense counsel argues that this court can determine the constitutionality of the grand jury instructions and that they have not been formally challenged in front of the Idaho Supreme Court.
The prosecution argues that these are standard and common practices, the instructions were given the same as they are across the state, and that the Idaho Supreme Court has ruled on this subject several times before and this court is bound to follow those rulings.
The argument boils down to the defense team challenging the way in which the state decided to obtain the indictment and the concept of a grand jury being able to find proof beyond a reasonable doubt, but in the end, Judge Judge denied the motion to dismiss in court, stating a written ruling will follow.
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