Bryan Kohberger wants indictment in University of Idaho murder case tossed — as alibi deadline is set

Attorneys for accused University of Idaho killer Bryan Kohberger are asking a judge to throw out an indictment against him, documents show.

Kohberger’s attorneys claim prosecutors failed to give a grand jury panel proper instructions when explaining the burden of proof – what the state must prove to show a crime was committed – before they voted to indict him. 

If the indictment is thrown out it will set the judicial process back and the state of Idaho will again have to prove they have enough evidence Kohberger was the one behind the slayings of four college students last November in order to take the case to trial.

Defense attorneys are asking Latah County Judge John C. Judge to toss the indictment based on what they claim was faulty instruction and instead schedule a preliminary hearing — which would give Kohberger’s lawyers the chance to question state witnesses and potentially expose evidence in the accused killer’s favor.

The filing was made public Thursday, the same day prosecutors asked a judge to require Kohberger’s attorneys to reveal his alibi – or prohibit them from entering one at all if it is not submitted before trial, currently scheduled for October. 

Earlier this week, Kohberger’s attorneys doubled down on the decision not to provide prosecutors with an alibi, despite their demands.

Defense attorney Anne Taylor further hinted her team had evidence showing 28-year-old was somewhere else during the time when the four University of Idaho students were killed at a home near their campus in Moscow, Idaho, in the early hours of November 13.

“Evidence corroborating Mr. Kohberger being at a location other than the King Road address will be disclosed pursuant to discovery and evidentiary rules,” she wrote, citing the legal process.

Such evidence could be offered during witness cross-examination at the highly anticipated trial, Taylor wrote.

Both sides are building their cases ahead of the Oct. 2, 2023, opening date for the trial in Latah County Court.

The former Washington criminology student was arrested Dec. 30, 2022, and later indicted on charges of felony burglary and four counts of first-degree murder over the killings of Kaylee Goncalves, Maddie Mogen, Xana Kernodle and Ethan Chapin. 

Three of the four victims lived at the home at 1122 King Rd., just steps from campus, at the time Kohberger is alleged to have broken in and stabbed them all to death. 

Goncalves and Mogen, both 21, were found slain on the third floor of the home, while Chapin and Kernodle were discovered on the second story.

The victims were stabbed multiple times between 3 and 4 a.m. Two roommates on the bottom floor of the home survived unharmed.

Kohberger had allegedly remained on campus for weeks after the murders, before making a cross-country drive with his father to his home state of Pennsylvania for Christmas.

Taylor previously argued one of the surviving roommates, Bethany Funke, has “exculpatory” evidence which would clear her client of guilt. However, the grand jury indictment meant Funke was spared from testifying at a preliminary hearing. 

A plea of not guilty was entered on Kohberger’s behalf at his May arraignment, after Taylor announced he was ‘standing silent’ and refusing to enter a plea.

Prosecutors have said they plan to seek the death penalty. 

Kohberger has remained in a Latah County Jail cell since he was extradited from Pennsylvania.