Just months before one of the country’s most high-profile trials is set to begin, defense attorneys for Bryan Kohberger are making a bold move—they’re asking the court to delay the start of proceedings.
And the reason? A bombshell Dateline NBC episode that might have crossed some serious legal lines.
Kohberger, 30, is facing the death penalty for the shocking 2022 murders of four University of Idaho students.
But now, his legal team argues that the nationally televised special may have damaged his chances of a fair trial.
Defense Says Dateline Report Violated a Gag Order
According to court filings, Kohberger’s lawyers say the recent Dateline episode aired previously undisclosed and potentially inadmissible evidence, violating a gag order that’s been in place since 2023.
The episode didn’t hold back. It reportedly featured phone records, the suspect’s alleged online searches—including ones about serial killer Ted Bundy—and even his pornography preferences.
It also aired surveillance footage of what’s believed to be the suspect’s car fleeing the scene after the brutal killings on November 13, 2022.
In a 40-page motion, the defense team blasted the show, saying, “Much of the investigative materials were taken out of context and wouldn’t even be admissible at trial.”
Attorneys Warn This Could Sabotage the Right to a Fair Trial
Kohberger’s lawyers claim that airing such detailed information to a national audience so close to the trial could seriously affect public opinion.
They argue that viewers walk away with the impression they’ve seen the truth—even if that “truth” isn’t something that would ever make it to a courtroom.
“Just saying ‘viewer discretion advised’ doesn’t undo the damage,” they said in the motion.
“This kind of slick, expert-backed storytelling feels like fact to most people watching.”
The legal team believes the Dateline episode, along with other leaks, could bias potential jurors and interfere with Kohberger’s constitutional right to a fair and impartial trial.
Even the Judge Agrees There Was a Leak
This isn’t just a defense tactic. Judge Steven Hippler recently acknowledged that someone close to the investigation may have leaked sensitive information to Dateline.
He even ordered both sides—prosecutors and the defense—to hand over the names of anyone who might’ve had access to the materials shown in the episode.
The judge also issued a warning: All this media exposure could make it even harder to seat an unbiased jury when the trial kicks off in August.
More Media Exposure Looms as High-Profile Book Nears Release
As if one high-profile media event wasn’t enough, the defense also pointed to an upcoming book by bestselling author James Patterson, set to be released just two weeks before jury selection.
The book reportedly features “unmatched access” to the investigation, including interviews with law enforcement.
That, the defense says, further supports their claim that multiple people may have violated the court’s gag order—and raises even more concerns about prejudicing the jury pool.
What Dateline Claims About Kohberger’s Behavior Is Shocking
According to the Dateline report, Kohberger had saved dozens of images of female students from both Washington State University—where he studied—and the University of Idaho.
Many of the women were pictured in swimsuits, and several were reportedly close friends of the victims.
The report also alleges that Kohberger had returned to Moscow late at night after attending a pool party there in July.
His cellphone reportedly pinged near the victims’ off-campus home 23 different times in the four months leading up to the murders.
Chilling Online Searches and Behavior Come to Light
Dateline also revealed unsettling online activity. Kohberger allegedly searched for terms like “Sociopathic Traits in College Students” and watched disturbing videos about serial killers.
At one point, after being pulled over by police, he reportedly Googled, “Can psychopaths behave pro-socially?”
He’s also said to have watched content about Ted Bundy and even searched for Britney Spears’ song “Criminal” while taking selfies—one of which reportedly shows him in a black hoodie, similar to how Bundy dressed in a video.
Timeline of the Night of the Murders Is Under the Spotlight
Prosecutors believe Kohberger broke into the students’ King Road home in Moscow, Idaho, sometime after 3 a.m. on November 13.
Surveillance footage from a neighbor’s camera captured his white Hyundai Elantra circling the area multiple times.
It vanished from view at 4:07 a.m. and reappeared at 4:20 a.m., speeding away.
Investigators believe that 13-minute window is when the murders happened.
Sources say Kohberger went upstairs first, killing Mogen and Goncalves, then fatally attacked Kernodle and her boyfriend Chapin as he exited the home.
Cellphone Data and DNA Play Key Roles in the Case
Kohberger’s cellphone was reportedly turned off during the time of the murders, then turned back on nearly an hour later—pinging a tower south of Moscow.
A few hours later, his phone appeared back in the city before returning to Pullman, Washington, where he lived.
There, he allegedly took a selfie in his bathroom mirror, giving a thumbs-up.
But the most damning piece of evidence so far? Investigators say DNA found on a Ka-Bar knife sheath next to Mogen’s body matched Kohberger.
They also discovered that he had purchased the same type of knife, sheath, and sharpener months earlier.
Kohberger Still Claims He’s Innocent
Despite all of this, Kohberger insists he had nothing to do with the murders.
His defense says the cellphone data proves he wasn’t near the crime scene at the time and argues that he simply enjoyed taking solo drives at night.
They say the narrative being shaped by media leaks and documentaries is unfair—and now they’re asking the court to put the brakes on the trial until all of this can be sorted out.
What’s Next?
It’s now up to the judge to decide whether the trial will still begin in August—or if Kohberger’s team will get the delay they’re hoping for.
With national media coverage continuing to heat up and new books on the way, this already high-stakes case is only growing more complex.
One thing’s clear: the closer this trial gets, the more intense the spotlight becomes—and the harder it may be to find twelve unbiased jurors in the middle of a media storm.
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