Bryan Kohberger’s attorneys seek dismissal of indictment

Posted at 12:08 PM, August 25, 2023 and last updated 1:13 AM, August 29, 2023


LATAH COUNTY, Idaho (Court TV) — Lawyers for accused Idaho student killer Bryan Kohberger have filed a motion to dismiss the indictment against their client.

Kohberger’s defense team is alleging grand jury bias, inadmissible evidence, insufficient evidence and prosecutorial misconduct, among other things. Defense attorneys also claim prosecutors are withholding exculpatory evidence.

Bryan Kohberger enters the courtroom for a motion hearing

Bryan Kohberger enters the courtroom for a motion hearing regarding a gag order, Friday, June 9, 2023, in Latah County District Court in Moscow, Idaho. A judge overseeing the case against Kohberger, charged with killing four University of Idaho students last fall, is set to hear arguments over a gag order that largely bars attorneys and other parties in the case from speaking with news reporters. (Zach Wilkinson/Moscow-Pullman Daily News via AP, Pool)

Prosecutors have until Wednesday, August 30 to respond to the issues raised by Kohberger’s team — there are 24 in total. A motion hearing is set for Friday, September 1.

Kohberger faces four charges of first-degree murder in the November 13, 2022 stabbing deaths of University of Idaho students Kaylee Goncalves, Ethan Chapin, Xana Kernodle and Madison Mogen. The victims were killed in a rental home on King Road in Moscow, Idaho, just off campus.

According to investigators, a knife sheath with Kohberger’s DNA on it was located at the scene underneath Mogen’s body. Police allege Kohberger staked out the victims’ home dozens of times prior to the murders, and also drove by it a few hours after the killings.

Before Kohberger’s arrest, police identified a white Hyundai Elantra as their suspect’s vehicle. Kohberger, whose car was that exact make and model, had been a Ph.D. student in criminology at Washington State University, which was less than 10 miles away from the King Road house.

Kohberger’s attorneys, who maintain he was out driving alone the night of the murders, entered a not guilty plea on their client’s behalf back in May. Earlier this week, Kohberger waived his right to a speedy trial, which means the initial October 2 start date has been postponed indefinitely.

At a hearing last Friday, attorneys for Kohberger called multiple expert witnesses in hopes of discrediting DNA evidence.

In addition to the murder charges, Kohberger faces a felony burglary count. If convicted, he could face a possible sentence of death by firing squad.