His legal team filed the motion to dismiss the indictment in July, arguing the grand jury was misled to the standard of proof required for an indictment and emphasizing the meaning of “beyond a reasonable doubt” that attorneys allege was not properly given to the grand jury.
Kohberger was initially scheduled to appear in court for two separate hearings to dismiss indictments against him in September, but the hearings were postponed “due to illness.”
The motion is scheduled for 1 p.m. PT on Thursday, Oct. 26, in Latah County, Idaho.
Attorneys are also scheduled to discuss a second motion to dismiss filed by Kohberger in August.
This motion seeks to dismiss the indictment “on grounds of a biased grand jury, inadmissible evidence, lack of sufficient evidence, and prosecutorial misconduct by withholding exculpatory evidence,” according to a motion by Kootenai County Chief Public Defender Anne Taylor.
Kohberger is charged with first-degree murder in the deaths of Kaylee Goncalves, 21; Madison Mogen, 21; Xana Kernodle, 20; and Ethan Chapin, 20. They were found stabbed to death in November 2022.
He has maintained his innocence throughout the proceedings and stood silent when the charges against him were read, causing the judge to enter a “not guilty” plea on his behalf.