Bryan Kohberger, the man suspected of killing four University of Idaho students in 2022, appeared in court Thursday.
Fourth district judge Steven Hippler issued a written order following the public portion of the hearing, demanding both parties retain documents and communication records, following what he wrote was the broadcast of sensitive case information on the television show "Dateline" last week.
Hippler in open court asked prosecutors to recommend names to lead an investigation.
"I would be open to a request for an appointment of a special prosecutor, and that special prosecutor to ask for a magistrate inquiry," he said. "So they have the power of subpoena and the power to question witnesses under oath, as well as the power to grant immunity."
His written order suggested the leaked information came from a current or former member of the investigation team or prosecution, and he gave prosecutors seven days to produce a list of anyone who had or may have had access to certain information that was part of last week's television broadcast which should not have been public.
Hippler also laid out the timeline for any possible remaining pre-trial motions, and the jury selection process, voir dire, which is expected to take weeks.
Potential jurors will be evaluated first in panels of 10 to 16 people, with individual questioning happening as well.
"I know from the prior trial that they struggled to get three a day," said Hippler in reference to the high profile murder trials of Lori Vallow and Chad Daybell. "My goal is four a day. I want to get through at least three panels a day."
Hippler said he’s implementing the same voir dire process used in the Vallow and Daybell trials. He said he wants a pool of 50 to 55 jurors, from which 12 jurors and eight alternates will be chosen. The alternates will not be decided upon until deliberations, and it will be a lottery to determine those people.
Kohberger will also get the chance to present a theory of alternate perpetrators in a pre-trial hearing in June. Hippler ordered Kohberger’s defense to provide their evidence ahead of that hearing on June 18, but seemed dubious that what they were proposing would all be admissible.
Madison Mogen (21), Kaylee Goncalves (21) and Xana Kernodle (20) lived at the house on King Street, and Kernodle’s boyfriend Ethan Chapin (20) was staying at the home that night. Two other women who lived in the home were in the residence that night, but were not killed.
The house on King Street has since been demolished, but the Federal Bureau of Investigation documented the home to build visual and audio exhibits, as well as a physical model of the home.
Jury selection is set to begin in late July and the trial is expected to last into October. The trial is expected to be livestreamed after the jury is selected.
Kohberger could face the death penalty if convicted.
