Alleged Idaho quadruple killer Brian Kohberger's defense team is fighting to get the roommate of the victims' testimony thrown out of his murder trial in a move that could help him walk free.
This week's hearings focus on what evidence will be allowed in his trial, including what prosecutors say was DNA evidence found on a knife sheath found in the Moscow, Idaho home where four students were stabbed to death more than two years ago.
Lead lawyer Anne Taylor slammed the investigation into her client as conducted largely without transparency and should therefore not be allowed.
“This is a situation where this identification was done in complete secrecy behind closed doors,” she said.
Taylor specifically cited testimony from one of the two surviving roommates of the four victims given shortly after the murders.
'There are two references not to remember. And then a few days later in the third interview there are references to not remembering, being drunk,” Taylor said.
“An explanation,” I don't know anything about it, like half of this stuff I don't know if it was a dream or if it's real. ' And credibility is really, really important when this person was trusted in the investigation. '
Taylor noted that the roommate testified that one of the victims had heard going up and down the stairs when the attack occurred, which they know… is wrong. '
Alleged Idaho quadruple murderer Brian Kohberger's defense team is fighting to get the roommate from testifying victims thrown out of his murder trial in a move that could help him walk free
Taylor specifically cited testimony from one of the two surviving roommates of the four victims given shortly after the murders
The judge was never told this information at the time which led her to question how this investigation was conducted, going back to the collection of DNA from the button knot of a knife sheath.
Taylor also hammered away at the researchers' use of investigative genetic genealogy, which she claims is unreliable.
The process involves taking DNA samples and running them through a federal criminal database, but experts say authorities could run it through a different database.
The defense argues that the FBI had no warrant to work with a local waste collector in his Pennsylvania neighborhood to find the DNA that linked them to Kohberger.
“I think it would be interesting if you had the FBI telling the Trash Man what to do,” Taylor said.
“Nothing was obtained that violated the defendant's constitutional rights,” responded Ashley Jennings, who represented the prosecution.
“The defendant failed to file a false statement or admission, without which the magistrate would not have found probable cause.”
Although the murder weapon was never found, officials say the DNA on the sheath matched Kohberger's genetic profile, which was constructed by taking genetic data from distant relatives from public databases.
Suspected quadruple murderer Bryan Kohberger
Kohberger is accused of killing University of Idaho Students (LR) Kaylee Goncalves, Madison Mogen, Ethan Chapin and Xana Kernodle on November 13, 2022
District Judge Steven Hippler has still not made a decision on what would be open to the public, saying he was concerned about fervent media and public attention over Kohberger's murder case as he tries to ensure a fair trial.
While noting that he hoped to show “as much as possible” of Kohberger's case to the public, Hippler said he would close the DNA evidence portion of the hearing because he can't “ring the bell” once shocking information can be heard.
The judge indicated that other parts of the hearings would be streamed online, but the courtroom would be closed due to concerns that he may have to unexpectedly close short aspects of the hearings.
It comes as the case against Kohberger – who has not appeared in court for three months – has been delayed several times since his arrest in December 2022, with the accused killer now due to stand trial in August 2025.
Latah County officials say they plan to seek the death penalty if he is convicted of the grisly murders of Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin, at their off-campus home in November 2022.
Partial DNA evidence found on a ka-bar knife sheath found at the scene of the murders was a key piece of evidence used by law enforcement to charge and arrest Kohberger.
Kohberger's lawyers argue that this method of how the DNA evidence was obtained violated his constitutional rights, with the admissibility of the DNA evidence to be decided this week.
His first trial date was set for October 2023. However, his lead defense attorney Anne Taylor has requested multiple extensions and further hearings since his arrest, angering the victims' families.
The victims' families have shared their frustration at the endless delays, with the mother of Kaylee Goncalves (left, with Madison Mogen) saying: 'It's complicated how slowly everything has to go. Why does this have to be drawn out like this? '
Boyfriends and girlfriend Ethan Chapin (left) and Xana Kernodle (right) were killed in bed together in the gruesome murders in November 2022
Kohberger's team also delayed revealing his official alibi until May 2024, and when he finally did, prosecutors and the public reacted with dismay as he claimed he “drove alone” on the night of the murders to get to the moon and stargazing. '
In that filing, Taylor said she would call on an expert in phone data analysis to support his claims that he was miles from the scene, which is one of the prosecutors' pieces the defense repeatedly clashes with.
Kohberger has maintained his innocence since his arrest in December 2022, more than a month after the killings that shocked the nation.
Social media went into a frenzy following his arrest as internet sleuths probed the lanky teaching assistant's history, revealing everything from his high school bullying by popular classmates to his humiliating tinder dates.
The month's search for the alleged killer led to widespread media attention, with the families of the victims since he used the spotlight to condemn the proceedings against Kohberger.
In December 2023, victim Kaylee Goncalves' mother said the ongoing trial “is complicated.”
'It's complicated how slowly everything has to go. Why does this have to be drawn out like this? Kaylee's mother Krisi said in an interview with KHQ.
'It's important, I get it, but there are facts, we have certain facts, we have certain knowledge. I can't believe this is how it works. '
From cellphone records produced by prosecutors, the route allegedly driven by Bryan Kohberger on the night of the brutal Idaho murders would be a crucial piece of evidence in the state's case against the 28-year-old. In his new alibi application, his lawyers say they plan to dispute this information
The off-campus house where the four grisly murders took place was demolished in December amid the delays, despite calls from the victims' families to keep it
Investigators were seen in January 2023 removing a bloody mattress from the home where four University of Idaho students were murdered
In December 2023, Idaho officials came under fire again after the off-campus house where the four students were stabbed to death, against the victim's wishes.
Although both the prosecution and defense agreed it was torn down, the families argued against it, with Goncalves' loved ones fearing the move would “destroy some of the most critical evidence in the case.”
Before it was demolished, scenes inside the house were so gruesome that exclusive dailymail.com images showed blood seeping down the outside of the property.
When he was arrested, prosecutors cited partial DNA matches found on a ka-bar knife sheath found in the home. No murder weapon has ever been found.
In an ongoing back-and-forth over such evidence in court — also including cell phone records and surveillance allegedly of Kohberger's car at the crime scene — the defense alleged that prosecutors have not turned over what they can in court present.
Taylor filed a motion last summer to compel the defense to do so, countering that they are limited by some federal laws because of the FBI's involvement in the case.
The defense has also moved to dismiss the entire case, claiming he was indicted by a biased grand jury and the case was tainted by prosecutorial misconduct and the admission of invalid evidence. The motion was denied.
Last month, it emerged that Kohberger was previously investigated in connection with a home invasion in Pullman, Washington in October 2021, just 10 miles from the quadruple murders in Moscow, Idaho. He was never charged in that investigation.
