Lawyers for murder suspect Bryan Kohberger have successfully argued for access to the training records of three of the police officers that worked on the University of Idaho murders case.
Latah County District Judge John Judge has granted the legal team permission to the records, in a win for their bid to undermine the credibility of the investigation.
Kohberger, 28, is accused of fatally stabbing students Kaylee Goncalves, 21; Madison Mogen, 21; Xana Kernodle and Ethan Chapin, both 20, in their off-campus house on November 13 last year.
His lawyers said they requested the training records of cops, who have not yet been named, that conducted ‘critical’ interviews with witnesses and made decisions regarding the investigation.
The defense said they are not on a ‘fishing expedition,’ but looking for specific materials needed for an adequate defense.
Bryan Kohberger is seen at a pre-trial hearing last week in Latah County Courthouse in Moscow, Idaho
Latah County District Judge John Judge has granted the legal team permission to the records
‘There is a heightened standard now that the State has announced its intent to seek the death penalty… and these are very relevant pieces of information,’ said Kohberger’s defense.
Prosecutors confirmed last week that they would seek the death penalty for the Washington State University criminology student.
If convicted, Kohberger could be executed by a firing squad if the state cannot obtain the necessary lethal drugs.
Kohberger’s lawyers said the death penalty hanging over the case made it even more important that the prosecution turn over all their evidence.
The prosecution argued that they have already handed it all over, including 10,000 tips and 51 terabytes of audio and video information.
The judge decided to extend a gag order to law enforcement and investigators at the start of last week’s hearing.
During the latest court hearing, the defense also asked for additional information about the FBI team who provided cell phone records used in the probable cause affidavit. Prosecutors said they will hand over these items but the defense wants to know a specific date.
In a filing last month, the defense tried to poke holes in the indictment, accusing prosecutors of ‘hiding their case’ and not being transparent about the methods used to obtain DNA evidence and match it to the suspect.
Kohberger has pleaded not guilty to the murders of roommates Maddie Mogen, 21; Kaylee Goncalves, 21; Xana Kernodle, 20; and her boyfriend Ethan Chapin, 20
Prosecutors had previously claimed DNA found on a knife sheath left at the scene of the murders is a ‘statistical match’ to a cheek swab taken from suspect.
The FBI said they used databases in publicly held DNA sites similar to 23andMe.
But in documents filed on Thursday, Kohberger’s attorneys claimed there was ‘no connection’ between Kohberger and the students fatally stabbed in their off-campus Moscow home.
The team of lawyers stated there was a ‘total lack’ of victims’ DNA found at Kohberger’s apartment, office or vehicle.
Kohberger’s lawyers also stated a second male’s DNA was found inside the Moscow home, and that police allegedly found DNA from a third man on a glove discovered outside the home.
‘To this date, the Defense is unaware of what sort of testing, if any, was conducted on these samples other than the STR DNA profiles.’
The filing, an Objection to State’s Motion for Protective Order, argues the defense team should have access to all the data and investigative genetic genealogy that led prosecutors to claim Kohberger’s DNA, collected with a buccal swab, was a ‘statistical match’ to DNA found on a knife sheath discovered at the scene.
