BOISE, ID (CBS2) -- Friday marks the deadline for Bryan Kohberger's defense team to submit additional evidence supporting their alternate perpetrator theory. This week, the defense is also requesting a postponement of the trial, which is scheduled to begin in August.
Former Idaho Attorney General David Leroy commented on the situation, saying, "Unless the defense gives to Judge Hippler something specific -- and credible, about alternative perpetrators, or specific and credible about a need for a specific delay -- I'm thinking that he may be skeptical about this very late request by the defense."
The request for a delay follows a leak of information to 'Dateline,' which violated a judge-imposed gag order. The defense has labeled the 'Dateline' special as "prejudicial." Additionally, a new book set to be released claims to contain further revelations unknown to the public.
Leroy anticipates that Judge Hippler will remain skeptical as the trial approaches. He emphasized the importance of a speedy, fair, and open trial, noting that "both the defendant and the public have a right" to such proceedings. Despite the two-and-a-half-year duration since the crime, Leroy advised caution in interpreting the length of the pre-trial period, stating, "There's really no 'precedent' for a case like this... There's no normal in this kind of very abnormal case."
He highlighted the complexity of the case, which has involved a change of venue from Latah County to Ada County and numerous preliminary issues. "This is indeed a complicated case with cutting-edge scientific technology and experts on both sides," Leroy said. He suggested that while the time has been well-used by both the prosecution and defense, "it's probably time to try this case with all due dispatch."
It remains unclear when Judge Steven Hippler will rule on the alternate perpetrator theory and the postponement request. However, Leroy asserted that the decision will aim to "preserve the impartiality of the court."