The prosecution in the Idaho student murders case is urging the judge to reject Bryan Kohberger's alibi in a new written response released Monday giving the public an insight into how the high-profile case is unfolding.
Kohberger is facing four counts of murder and one count of burglary related to the November 2022 deaths of University of Idaho students Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin. Prosecutors are seeking the death penalty in the case against Kohberger.
The four victims, known collectively as "The Idaho Four," were found dead in their off-campus home in Moscow on November 13, 2022.
The judge entered not guilty pleas on Kohberger's behalf last year. The defense team plans to argue that he was elsewhere at the time of the murders.
Prosecution Challenges Kohberger's Alibi
In a written response released on Monday, Latah County Prosecutor Bill Thompson argued that Kohberger's alibi does not meet state requirements to prove that he was not at the crime scene.
"The State respectfully submits that the defendant's supplemental alibi response continues to lack the specificity required by Idaho code," Thompson said in the statement.
The alibi states that Kohberger was driving around areas south of Pullman,
Washington and west of Moscow, Idaho including Wawawai Park, at the time of the homicides.
"With the exception of the reference to Wawawai Park (which is new), the defendant is offering nothing new to his initial 'alibi' that he was simply driving around during the morning hours of November 13, 2022."
Defense Asks Judge to Make DNA Evidence from FBI Public
Kohberger's attorneys are requesting that forensic genetic genealogy records used by the FBI to identify Kohberger as a suspect are made public.
The technique uses DNA from the crime scene to create a family tree using public genealogy websites, which can help officials determine potential suspects.
The defense is now petitioning the judge to have most of the genetic genealogy records unsealed.
"There is simply no legitimate reason that the way the IGG procedures in the case took place should be shielded from the public," the defense stated. "This Court provided no authority for sealing those materials. Most materials have been sealed in this case to protect the right to a fair trial. There is simply nothing unfairly prejudicial about the way in which IGG was carried about the State and its associates in this case."
Prosecution Asks Judge to Place Limitations on Alibi
The prosecution is also asking in the written response for the judge to clearly define Kohberger's alibi so they know what claims they must refute.
Kohberger's alibi also makes reference to the location of his cell phone at the time of the murders.
"This information does not rise to the level of an alibi at the time of the homicides because the Defendant's cell phone stopped reporting to the cellular network before the homicides and continued to not report until after the homicides," Thompson wrote. "The location of the Defendant's cell phone at times other than the time of the homicides is not proof of or relevant to the Defendant's specific location at the time of the homicides."
Thompson argued that the amount of time given to offer more witnesses and information is making the prosecution "compromised in its ability to investigate and respond to new or additional alibi-related disclosures."
Judge Will Determine If Upcoming Pretrial Hearing is Public
The judge will decide on Thursday whether to make an upcoming pretrial hearing public.
Prosecutors want the May 14 hearing to be closed to the public, but Kohberger's lead public defender Anne Taylor wants it to be held in an open setting.
"Not only is there no authority to protect the FBI, other law enforcement agents, and the State in this matter, this request to deny Mr. Kohberger an open hearing is a clear violation of his right to a public trial," Taylor wrote.
June Hearing May Move Trial Location
While a date for the trial has not been set yet, an upcoming hearing on June 27 may change the trial location.
The arguments will focus around moving the trial out of Latah County, according to the Idaho Statesman.
Judge Rules Defense Can Continue Surveying Potential Jurors
The judge ruled that Kohberger's legal team could continue their phone survey of potential jurors, despite the prosecution's challenge to the practice.
Kohberger's legal team called hundreds of potential jurors. Judge John Judge said he was in "total shock" when he found out and he was given no notice.
However, an April 22 court order ruled that the team could proceed with the survey with no adjustments to the questioning.
"If defense counsel believes asking these survey questions, which arguably
contain prejudicial information or misinformation about [the] Defendant, is more beneficial than harmful, as [the] Defendant's expert testified, this Court does
not, at this juncture, have sufficient information or evidence to second guess
that strategic decision by trial counsel," Judge wrote.
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