By Fox News (U.S.) | Created at 2024-11-16 01:00:22 | Updated at 2024-11-22 12:00:50
6 days ago
Attorneys for Bryan Kohberger, the man accused in the brutal stabbing deaths of four University of Idaho students, are challenging an array of evidence in an effort to prevent prosecutors from presenting it at trial.
A filing posted Friday totaled more than 160 pages and included the legal justification for blocking a variety of materials that Kohberger's lawyers say were improperly obtained, the Idaho Statesman reported.
Some of the evidence defense lawyers want suppressed is Kohberger's genetic information, which they argue was "illegally gathered by law enforcement," citing the Fourth Amendment, which protects against unreasonable searches and seizures, according to the newspaper.
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Bryan Kohberger's booking photo, with insets of his alleged victims. (Monroe County Prison/Instagram)
Kohberger is accused of killing Madison Mogen, 21; Kaylee Goncalves, 21; Xana Kernodle, 20; and Ethan Chapin, 20, in a 4 a.m. attack on Nov. 13, 2022. All four were staying in a six-bedroom home just steps from the university campus.
At the time of the slayings, Kohberger was studying for a Ph.D. in criminology at neighboring Washington State University, less than 10 miles from the site of the killings.
He claimed he was taking one of many solo, nighttime drives at the time of the murders.
Bryan Kohberger, left, listens as defense attorney Jay Logsdon, standing, presents oral arguments in favor of overturning Kohberger's grand jury indictment in Moscow, Idaho, on Oct. 26, 2023. (Kai Eiselein-Pool/Getty Images)
Authorities said Kohberger's DNA was found on a Ka-Bar knife sheath under Mogen's body. DNA was later matched to Kohberger through a cheek swab.
Other evidence being challenged by the defense includes the contents of Kohberger’s digital history on his Amazon, Google, Apple iCloud and AT&T phone accounts, citing privacy law violations, as well as evidence obtained from his apartment in Pullman, Washington, with a search warrant.
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Bryan Kohberger listens to arguments during a hearing in Moscow, Idaho, on Oct. 26, 2023. (Kai Eiselein/New York Post via AP, Pool)
Prosecutors have until Dec. 6 to respond to the defense’s 14 evidence suppression filings. A public hearing on the matter is scheduled for Jan. 23.
The venue for the murder trial was moved from the college town of Moscow to Boise after defense lawyers argued the extensive media coverage would make it difficult to find impartial jurors.
The change also resulted in Judge Steven Hippler being assigned to preside over the proceedings, replacing Latah County District Judge John Judge, who agreed to the change of venue.
Bryan Kohberger arrives at Monroe County Courthouse in Stroudsburg, Pennsylvania, on Jan. 3, 2023, before waiving extradition to Idaho to face murder charges in the stabbing deaths of four university students. (The Image Direct for Fox News Digital)
Hippler, who is no stranger to murder cases, denied Kohberger's request to extend deadlines for filing motions for discovery material.
"Motions to enlarge a deadline filed on the eve of the deadline are not well taken," the judge wrote in a Friday ruling. "The State's discovery deadline was September 6, 2024. Defendant could have ascertained far sooner whether the discovery motions deadline would pose a difficulty and brought it to the Court's attention."
Madison Mogen, top left, smiles on the shoulders of her best friend, Kaylee Goncalves, as they pose with Ethan Chapin, Xana Kernodle, and two other housemates in Goncalves' final Instagram post, shared the day before the four students were stabbed to death. (@kayleegoncalves/Instagram)
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"Furthermore, and importantly, Defendant has not demonstrated with his filing good cause to enlarge the deadline," he added. "He has not set forth what efforts have been made to review the discovery, what portion of discovery has not yet been reviewed, why it has not been reviewed or how long it will take to complete such review."
Fox News Digital's Michael Ruiz contributed to this report.
