Defence for Idaho murders suspect say they don’t have all the evidence from prosecutors at key hearing
Prosecutors argued they ‘can’t provide something that doesn’t exist’ after Kohberger’s defence team requests additional DNA evidence
Defence attorneys for Idaho murders suspect Bryan Kohberger have argued that they don’t have all the DNA evidence from prosecutors at a pivotal motions hearing that could delay the highly anticipated trial.
Mr Kohberger gave an awkward smile to the court as he returned to the Latah County Courthouse on Friday where six motions from the defence and the prosecution were being argued, including the process of how he was identified as a suspect and his alibi for the night of the murders.
The hearing comes just six weeks before Mr Kohberger is set to stand trial for the 13 November 2022 slayings of University of Idaho students Kaylee Goncalves, Madison Mogen, Xana Kernodle, and Ethan Chapin at their home in Moscow.
The proceedings began on Friday with Mr Kohberger’s defence team’s motion to compel prosecutors to share additional DNA evidence – specifically the lab results of three unidentified male DNA samples reportedly found at the crime scene.
Prosecutors argued that they have provided everything and that they “can’t provide something that doesn’t exist”.
“There has to be some level of trust in discovery,” Judge John Judge said. “You are all sworn attorneys.”
He ordered the prosecution to reach back out to the lab to ensure there are no other results that the defence does not have.
Mr Kohberger, 28, was a graduate student in criminal justice at Washington State University when he was arrested on 30 December at his parents’ home in Pennsylvania. He was then brought back to Idaho where a grand jury indicted him for the murders in May.
A DNA sample from trash collected at Mr Kohberger’s family home was used to link him to a knife sheath found at the scene of the murders.
Investigators said, “At least 99.9998% of the male population would be expected to be excluded from the possibility of being the suspect’s biological father.”
But his defence team, who claim Mr Kohberger was “out driving” at the time of the killings, has argued against the use of forensic genealogy used to identify him and has asked for all the records from the forensic genealogy work.
They are also seeking a stay in the trial proceedings arguing that the grand jury should have reached its conclusion “beyond a reasonable doubt” rather than based on probable cause.
Prosecutors strongly oppose these motions.
Judge John C Judge could grant, deny, or partially approve any parts of these motions. But depending on how he rules, there could be a delay in the 2 October trial date.