(NewsNation) — The defense team for Bryan Kohberger, who is slated to go to trial in August for the alleged murders of four University of Idaho students, has asked the court to postpone the legal proceedings.
Kohberger’s lawyers filed a motion for continuance Tuesday, saying they need more time “due to the substantial amount of trial investigation and preparation still outstanding, as well as recent and forthcoming publicity that is highly prejudicial to the defense.”
They assert that Kohberger’s constitutional rights will be infringed if the August date stands.
Bryan Kohberger defense cites upcoming TV special, book for continuance
In their motion, defense attorneys referred to an upcoming “Dateline” special and a book on the case set for release in mid-July that may have relied on “leaks” regarding the case. Their filing states the blurb for the book “suggests that the apparent ‘Dateline’ leak was not the only violation of this Court’s non-dissemination order.”
“A continuance is necessary to fully investigate the leaks and to mitigate the prejudicial effects of such inflammatory pretrial publicity occurring so close to the current trial date,” they wrote.
Idaho criminal defense attorney Edwina Elcox told “Banfield” that “if there is any reason that this trial gets delayed, this is it.”
Bryan Kohberger trial judge investigating gag order leaks
The motion comes days after Judge Steven Hippler said he wanted to identify anyone who may have violated a gag order by leaking information from the investigation to news organizations or anyone else not directly involved with the case.
Elcox called any lead a “flagrant violation of a court order,” and the source of that leak needs to be identified, especially if it’s a law enforcement officer or member of the prosecution.
The lawyer said case law does appear to back defense attorneys with this request.
If this does result in a delay, then the only people who will suffer are the families, she said, adding that they will continue to be in “limbo.”
Defense attorneys said they will need more time to prepare properly and wrote that they do not take their “request lightly.”
Last week, Hippler ordered prosecutors and defense attorneys to provide a list of everyone who might have had access to the previously unreported information about Kohberger’s internet search history and other details that were featured in the “Dateline” episode that aired May 9.
Judge rules on Bryan Kohberger trial procedures
Kohberger is facing the death penalty in the killings of Madison Mogen, Kaylee Goncalves, Ethan Chapin and Xana Kernodle in an off-campus house in Moscow, Idaho. Hippler has already ruled on what evidence will be allowed at trial. Hippler has also rejected arguments from the defense about why Kohberger shouldn’t be subject to the death penalty.
In earlier hearings, the judge sealed jury instructions and questionnaires that will be sent to possible jurors prior to the hearing. He also sealed a list of alternative suspects put forth by defense attorneys. Hippler has also ruled that prosecutors will be prohibited from using the terms “psychopath” and “sociopath” before jurors.
During a hearing to establish ground rules for the proceedings, Kohberger’s defense team asked Hippler to prevent the state from using inflammatory words, even the term “murderer.” Hippler left open the possibility that prosecutors could use the latter word during closing arguments.
“Make no mistake, these murders, whoever did them, were … horrific. And I expect that the evidence will reflect that,” the judge said.
The Associated Press contributed to this story.