Bryan Kohberger defense wants some case evidence unsealed

Posted at 4:14 PM, January 16, 2025 and last updated 10:15 AM, January 23, 2025

BOISE, Idaho (Court TV) — In a change from their usual posture of trying to keep the media out of the courtroom, Bryan Kohberger‘s attorneys requested that a hearing on Thursday be open to the public and relevant documents be unsealed.

bryan kohberger enters court

FILE – Bryan Kohberger, right, is escorted into a courtroom for a hearing in Latah County District Court, Sept. 13, 2023, in Moscow, Idaho. A judge says defense attorneys for Kohberger, the man charged in the deaths of four University of Idaho students in late 2022, can resume phone surveys of potential jurors in the case. (AP Photo/Ted S. Warren, Pool, File)

Kohberger is charged with murdering Madison Mogen, Xana Kernodle, Ethan Chapin and Kaylee Goncalves at their home in Nov. 2022. The University of Idaho students were brutally stabbed to death. Kohberger, who faces a potential death sentence if he’s convicted of the murders, has maintained his innocence.

WATCH | Defense: Manner in Which FBI Collected Kohberger DNA Violated His Privacy

Investigators have said in court filings that they zeroed in on Kohberger, in part, through Investigative Genetic Genealogy (IGG). Still a relatively new tool, IGG uses publicly available DNA profiles from genealogical databases to narrow down a suspect pool by tracing a family tree through its DNA. Kohberger’s defense has challenged the use of IGG in the case and has repeatedly requested discovery related to its use.

The Jan. 23 hearing focused on Kohberger’s defense’s fight against the use of IGG in his case. “The way in which the IGG material was accessed and used is a matter warranting public disclosure and should not be shielded from the public’s right to know,” Kohberger’s attorney, Elisa Massoth, said in the filing. “Mr. Kohberger has the right to a public trial and the public has the right to know how genetic information was used in this case.”

WATCH | Prosecutor Asks Court to Deny Bryan Kohberger’s Motion to Suppress

While the court has held one open hearing on the defense’s request to exclude IGG, most of the motions and briefings related to the issue have been filed under seal. In a June 2023 motion requesting a protective order for IGG data, prosecutors said that the FBI built a family tree that led them to Bryan Kohberger using “one or more publicly available genetic genealogy services” and other publicly available documents. The defense opposed the order “on the grounds that the material the State seeks to hide is discoverable and must be provided to Mr. Kohberger.”

Judge Steven Hippler had previously ordered a closed hearing on Jan. 21 to determine whether any of the materials should be unsealed before the Jan. 23 hearing. While he decided to keep the documents sealed, part of the hearing was opened to the public. While witness testimony and evidence were closed to the public, the attorneys’ arguments were made in open court.