Bryan Kohberger’s attorneys file motion to dismiss

Posted at 9:49 PM, July 27, 2023 and last updated 7:58 AM, July 31, 2023

By: Christine Coates

LATAH COUNTY, Idaho (Scripps News Boise) — Several motions have been filed this week in the case against Bryan Kohberger, who is charged with four counts of first-degree murder and one count of felony burglary in the slaying of four University of Idaho students in November 2022.

Bryan Kohberger appears at a hearing in Latah County District Court

Bryan Kohberger, right, who is accused of killing four University of Idaho students in November 2022, appears at a hearing in Latah County District Court, Thursday, Jan. 5, 2023, in Moscow, Idaho. (AP Photo/Ted S. Warren, Pool)

At the beginning of the week, when Kohberger’s alibi was due, the defense, instead, remained silent suggesting that his alibi would be submitted when the evidence became available, or through witness and expert testimony in his trial.

Since then, both sides have been busy filing motions.

MORE: Bryan Kohberger invokes right to silence, does not offer alibi

Most notably, Kohberger’s defense team has filed a Motion to Dismiss, requesting to dismiss the charges entirely, or remand for a preliminary hearing, on the grounds that the Grand Jury was misled as to the standard of proof required for an indictment.

The defense team also filed a Second Motion for a Stay of Proceedings, asking for a halt in proceedings, without waiving the right to a speedy trial, while challenging the grand jury selection process and questionnaire.

The State, in response to the defense not providing an alibi as was ordered, filed a Motion to Compel, requesting the Court require an alibi be submitted, including places and times of the defendant’s whereabouts when the murders occurred, as well as the names and addresses of all witnesses who the defendant intends to use to corroborate alibi.

Both sides have submitted motions asking for attachments and exhibits relating to these requests to be sealed, citing concerns about information being made public and disrupting the trial proceedings.

RELATED: Byran Kohberger’s Attorneys Challenge DNA Evidence

Judge John Judge has ordered all attachments, exhibits and affidavits to be sealed as requested. Judge also ordered the state to provide the jury panel selection list from January 1, 2023, through June 30, 2023, to the defense, as they had requested. However, the order states that the list is not to be duplicated nor dispersed, and violation would constitute contempt of court and be subject to sanctions. The list is to remain sealed to protect the privacy of the potential jurors.

Kohberger is facing four first-degree murder charges and a felony burglary charge in the deaths of Kaylee Goncalves, Madison Mogen, Xana Kernodle, and Ethan Chapin, who were stabbed to death in their home near campus on Nov. 13, 2022.

Kohberger’s trial is scheduled to begin on October 2, 2023, as Kohberger is exercising his right to a speedy trial.

A hearing has been scheduled for August 18, 10:30 a.m. PT to address:

  • State’s June 16 Motion for Protective Order
  • State’s July 17 Motion to Reconsider Order Staying Time for Speedy Trial
  • State’s July 17 Motion for Scheduling Order
  • State’s July 27 Motion to compel “Notice of Defense of Alibi”

This story was originally published on July 27, 2023, by Scripps News Boise, an E.W. Scripps Company.