MOSCOW, Idaho (CBS2) — The Latest:
The state has filed a notice of intent to seek the death penalty in the case of Bryan Kohberger.
According to court documents filed about the notice, factors contributing include the fact that at the time the murder was committed, the defendant also committed another murder. The murder was especially heinous, atrocious or cruel, manifesting exceptional depravity, and or the circumstances surrounding its commission, the defendant exhibited utter disregard for human life.
The court documents cite the Idaho Code that the murder was committed in the perpetration of or attempt to perpetrate arson, rape, robbery, burglary, kidnapping, or mayhem, and the defendant killed or acted with reckless indifference to human life.
What we know so far:
Four University of Idaho students were found dead on Sunday, Nov. 13, 2022, in an off-campus rental home. All deaths have been ruled as homicides.
On Dec. 30, 2022, reports say a Pennsylvania man in his 20s was arrested in connection with the murders. Police are expected to release more information during a news conference at 2 p.m. MT.
Officers with the Moscow Police Department discovered the deaths after responding to a report of an unconscious person on King Road in Moscow at 11:58 a.m. Other people were at the apartment when the 911 call came in. Police do not believe the killer called 911.
There was no sign of forced entry, and a door was found open when the first officers arrived.
The victims were identified as Ethan Chapin, a 20-year-old from Conway, Washington; Madison Mogen, a 21-year-old from Coeur d'Alene, Idaho; Xana Kernodle, 20, from Avondale, Arizona; and Kaylee Goncalves, 21, from Rathdrum, Idaho. Moscow PD identified the deaths as homicides and found the victims dead on arrival. It is not clear who was killed first.
Police crafted a timeline for the victims' final whereabouts before their bodies were found Sunday morning.
The four victims were all close friends who shared a Moscow rental house. Chapin and Kernodle were dating. Chapin did not live in the house but visited often.
At approximately 1:40 a.m., Kaylee and Madison were seen on video at a local food vendor called the "Grub Truck" at 318 S. Main Street and used a private party for a ride home from downtown to arrive at their 1122 King Road residence around 1:56 a.m. Two other roommates were home during the murders and survived without injury. They talked and cooperated with detectives.
Ethan Chapin and Xana Kernodle were seen at the Sigma Chi house on the University of Idaho Campus at 735 Nez Perce Drive. At approximately 1:45 a.m., Ethan and Xana are believed to have returned to the residence at 1122 King Road.
Detectives believe that on Nov. 12, 2022, the two surviving roommates had also been out separately in Moscow but returned home by 1 a.m. on Nov. 13, 2022. The two did not wake up until later that morning.
It is not believed the two surviving roommates or the driver of the Grub Truck are involved in this crime. The cell phone used to call 911 belonged to one of the surviving roommates, but investigators will not identify who the call was made by.
The surviving roommates summoned friends to the residence because they believed one of the second-floor victims had passed out and was not waking up. At 11:58 a.m., a 911 call requested aid for an unconscious person. The call was made from one of the surviving roommates' cell phones inside the residence.
Multiple people talked with the 911 dispatcher before Moscow Police arrived at the location. Officers entered the residence and found two victims on the second floor and two on the third floor. The students likely died between 3 and 4 a.m. but were not discovered for hours.
An autopsy revealed that the students were likely asleep, and each student was stabbed multiple times with what is believed to be a fixed-blade knife.
Each victim had multiple stab wounds to the chest and upper body. There was no sign of sexual assault. Some of the bodies showed defensive wounds. Their bodies have been released back to their families.
Investigators believe this was an isolated, targeted attack. No suspects are in custody, and the weapon has not been found.
Anyone with information that can help detectives can contact the tip line at 208-883-7180 or email tipline@ci.moscow.id.us. Digital media can be submitted HERE.
The Moscow Police Department is receiving assistance from the Idaho State Police, the Federal Bureau of Investigation, and the Latah County Sheriff's Office.
In response to rumors and speculation on the internet, the Moscow Police Department has released several statements indicating that previous incidents, including an alcohol-related incident at Taylor Ave. and Band Field, an incident on the Greenbelt where an individual flashed a knife in a confrontation, and others are not related to the murder investigation.
The Moscow Police Department has clarified that it is the only official information provider regarding this ongoing investigation.
UPDATE (12/5/22)
Using tips, investigators identified an incident involving the potential stalker reference Kaylee made to her friends.
In mid-October, two males were seen inside a local business; they parted ways, and one male appeared to follow Kaylee inside as she exited to walk toward her car.
Detectives contacted both males and learned the two were attempting to meet women at the business.
Detectives believe this was an isolated incident and not an ongoing pattern of stalking. Investigators continue looking into information about Kaylee having a stalker.
There have been numerous requests about the dog found at the residence on the morning of Nov. 13, 2022.
During the home search, a dog was found in a room where the crimes had not been committed. Officers did not find evidence on the dog, and there was no indication the animal had entered the crime scene.
While the dog was in the house when officers arrived, it has not been determined where the dog was physically located when the murders took place.
No suspect has been identified, and only vetted information that does not hinder the investigation will be released to the public.
UPDATE (12/6/22)
On Wednesday, Dec. 7, 2022, Moscow Police will begin to remove some of the victims' belongings from the house where four students were murdered. Police say the items are no longer needed in the investigation.
The items will be transferred to a secure location until families may collect them.
Police say the house remains an active crime scene. Detectives are working through 2,645 emailed tips and 2,770 phone tips. There have been 1,084 digital media submissions.
Moscow Police say they believe someone has information that will add context to the investigation and help them better understand what happened in the hours around the murder.
Detectives are also seeking all outside surveillance video taken from 3 to 6 a.m. on Sunday, Nov. 13, from businesses and residences within the geographical area listed below. Detectives request all available videos, whether or not there appears to be motion and content.
- West Taylor Ave (north boundary)
- West Palouse River Dr (south boundary)
- Highway 95 south to the 2700 block of Highway 95 S (east boundary)
- Arboretum & Botanical Garden (west boundary)
Detectives are also seeking additional tips and surveillance video of any unusual behavior on the night of Nov. 12, 2022, into the early hours of Nov. 13, 2022, while Kaylee and Madison were in downtown Moscow and Ethan and Xana were at the Sigma Chi house.
UPDATE (12/7/22)
Moscow Police are interested in speaking with the occupant(s) of a white 2011-2013 Hyundai Elantra with an unknown license plate.
Tips and leads have led investigators to look for additional information about a vehicle being in the immediate area of the King Street residence. Investigators believe this vehicle's occupant(s) may have critical information to share regarding this case.
UPDATE (12/16/22)
Investigators are sorting through 22,000 registered 2011-2013 Hyundai Elantras that fit the search criteria and thank the public for providing additional information about the vehicle.
Tips and leads led investigators to ask the public for additional help in searching for a white 2011-2013 Hyundai Elantra in the immediate area of the King Road residence during the early morning hours of November 13th. Investigators believe this vehicle's occupant(s) may have critical information to share regarding this case.
Investigators are sorting through significant amounts of video content and have received valuable leads on the 2011-2013 Hyundai Elantra but still ask for more information from the public. Digital Media Videos can be submitted at fbi.gov/moscowidaho or tipline@ci.moscow.id.us.
UPDATE (12/27/22)
Moscow Police Department does not believe an Associate Professor or the head of the History Department at the University of Idaho is involved in the murders. This comes after Professor Scofield, Head of the History Department at the University of Idaho, filed suit against a TikTok sleuth for defamation after multiple videos created by the TikToker directly accused the professor of murdering the four students.
University of Idaho Professor sues TikTok user.
The search for a 2011-2013 white Hyundai Elantra continues. Police have received thousands of tips relating to the vehicle and continue the process of elimination. Police believe this vehicle's occupant(s) may have critical information regarding the investigation.
No suspect has been identified, and Moscow Police remind people that only information coming directly from the Moscow Police Department has been vetted and is deemed credible.
UPDATE (12/29/22)
On Friday morning, Dec. 30, 2022, Moscow PD announced the 1122 King Street residence remains an active crime scene under police control.
Moscow PD has worked with Team Idaho Property Management Services to begin remediation of the residence by a private company. Remediation activities include removing potential biohazards and other harmful substances used to collect evidence.
There is no timeline for completion, but the property will be returned to the property management company when finished. Moscow Police patrol officers will be in the area to keep the roadways open.
A video update from Moscow PD can be found HERE.
UPDATE (12/30/22)
Moscow Police announced the arrest of Bryan Kohberger following the Nov. 13 murders of four University of Idaho students.
Police took Kohberger into custody Friday morning in the Poconos in northeastern Pennsylvania. Sources told CNN the arrest was made by the FBI in Northeastern Pennsylvania.
During a news conference Friday, Moscow Police Chief James Fry said, "Kohberger is a graduate student at Washington State University and lives in Pullman, Washington."
Chief Fry said Idaho State Police worked with the FBI and Pennsylvania State Police to make the arrest.
The Chief also would not confirm a motive or reports that Kohberger asked if anyone had been arrested when he was taken into custody Friday morning.
The Chief said the department is still looking for a weapon but has found a wanted Hyundai Elantra they were trying to find. Chief Fry would not say where the vehicle was found.
Kohberger previously graduated from DeSales University in 2020, located in Pennsylvania.
The University released a statement Friday saying, "DeSales University learned of the arrest of Bryan Kohberger in connection with the murder of four University of Idaho students. Kohberger received a bachelor's degree in 2020 and completed his graduate studies in June 2022. As a Catholic, Salesian community, we are devastated by this senseless tragedy. Our thoughts and prayers are with the victims' families during this difficult time."
Moscow's Police Chief did not directly answer questions about Kohberger's connections to Pennsylvania.
At a request of the court, Chief Fry said cleanup of the house where the four students were killed was halted. It is not known when that cleanup will resume.
Latah County Prosecutor Bill Thompson also spoke during Friday's news conference. He said a criminal complaint was filed in Latah County on Thursday. The probable cause document remains sealed until Kohberger returns to Idaho.
University of Idaho President Scott Green said, "Today's news of an arrest is a welcome one." He thanked Idaho Governor Brad Little for the financial assistance which helped during the days that followed the crimes. The UI President said the presence of Idaho State Police also provided a sense of calm, and the University will thoughtfully carry the legacy of the four students forward. He added that with time, the University will heal.
UPDATE (1/3/23)
Kohberger, a 28-year-old doctoral student and teaching assistant at Washington State University, was arrested early Friday by state police at his parents' home in eastern Pennsylvania, authorities said.
Idaho officials are now expected to arrange for Kohberger's transport back to Idaho, a process generally kept secret because of security concerns.
The chief public defender in Monroe County, Pennsylvania, said his client is eager to be exonerated and plans to tell a judge in Pennsylvania that he will waive his extradition hearing so he can be quickly taken to Idaho.
UPDATE (1/4/23)
Kohberger has left a Pennsylvania jail in the custody of state police, officials said Wednesday morning, which means he could be headed to Idaho to face first-degree murder charges.
Kohberger told a judge on Tuesday that he would not fight extradition to Idaho.
Authorities have released few details about the investigation, and an Idaho judge issued a gag order barring police and attorneys from talking about the case. But court filings, including a document laying out Latah County Prosecutor Bill Thompson's reasons for accusing Kohberger of the killings, are expected to be unsealed once Kohberger arrives in Idaho.
The nighttime attack at a home near the University of Idaho campus spread fear through the surrounding community, as authorities seemed stumped by the brutal stabbings. Investigators appeared to make a breakthrough, however, after searching for a white sedan that was seen around the time of the killings and analyzing DNA evidence collected from the crime scene.
Investigators have said they were still searching for a motive and the weapon used in the attack.
Latah County, Idaho, prosecutors have said they believe Kohberger broke into the victims’ home intending to commit murder.
Jason LaBar, the chief public defender in Monroe County, Pennsylvania, said Kohberger is eager to be exonerated and should be presumed innocent and “not tried in the court of public opinion."
After Tuesday’s hearing, LaBar described Kohberger as “an ordinary guy,” and said that after his extradition he would be represented by the chief public defender in Kootenai County, Idaho.
UPDATE (1/10/23)
Idaho police pieced together DNA evidence, cellphone data and surveillance video to charge a criminology graduate student with the November slaying of four University of Idaho undergraduates, according to an affidavit unsealed Thursday.
The affidavit says DNA matching that of 28-year-old Bryan Kohberger was found on a knife sheath recovered at the crime scene, just a short drive across the state border where he is a criminal justice doctoral student at Washington State University.
The affidavit also says that a cellphone belonging to Kohberger was near the victims’ home on a dozen occasions before the killings, and that while it was turned off around the time of the early-morning attack, cell tower data place his phone in that region of Idaho shortly afterward.
Kohberger made his first appearance Thursday in an Idaho court, where he faces four charges of first-degree murder. He did not enter a plea and was ordered held without bail.
The affidavit details a chilling encounter between one of the victims' surviving roommates and a masked intruder on the night of the stabbings in Moscow, Idaho. But many questions remain unanswered, including whether Kohberger and any of the victims knew each other, and why police weren’t alerted until nearly eight hours after the killings likely occurred.
Traces of DNA from a lone male later determined to be Kohberger were found on the button of a leather knife sheath found in the rental home where the victims were killed, according to the affidavit written by Brett Payne, a police corporal in Moscow. Investigators later closely matched the DNA on the sheath to DNA found in the trash taken from Kohberger’s parents’ home in Pennsylvania, where he was arrested last week.
The sheath had a U.S. Marine Corps insignia on it, though there's no record of Kohberger having served in the military.
Surveillance footage captured near the off-campus house showed that a white sedan — later identified as a Hyundai Elantra — drove by the home three times in the early morning hours of Nov. 13, returning a fourth time at about 4:04 a.m.
The car was next spotted on surveillance cameras leaving the victim's home 16 minutes later “at a high rate of speed,” according to the affidavit. The same car was later spotted on a different camera headed toward Pullman, the town where Washington State University and Kohberger’s apartment are located.
The affidavit connects some of the dots between the surveillance footage and cellphone data. Kohberger’s phone pinged communications towers in the region at the same time and in the same areas that the white Elantra was seen driving in the hours after the killings, the affidavit says.
The cellphone data included another chilling detail, the affidavit said: It pinged a cell tower near the victims’ neighborhood hours after the attack, around 9 a.m.
Latah County prosecutors have said they believe Kohberger broke into the home intending to kill the victims: Kaylee Goncalves, 21; Madison Mogen, 21; Xana Kernodle, 20; and Ethan Chapin, 20. But investigators have made no public statements about a possible motive, or whether any weapons have been found.
Two other housemates were at home during the Nov. 13 killings but were not physically harmed.
One of the uninjured housemates told investigators that she was awoken by noises at about 4 a.m., and thought she heard another housemate say something like, “There’s someone here.” She looked outside her bedroom and didn’t see anything. Later she thought she heard crying coming from Kernodle’s room and looked outside again. That’s when she said she heard a male voice say something to the effect of, “It’s OK, I’m going to help you,” according to the affidavit.
She later opened her door a third time and saw a masked man in black clothing whom she did not recognize walking toward her and stood in “frozen shock” as he walked past her toward a sliding glass door, the affidavit said. She went back into her room and locked the door.
Investigators believe the suspect then left the home. The document does not say what happened next at the home, or why police were not alerted for several more hours.
Mental health experts say common physiological responses to frightening or traumatic experiences include an urge to fight, an urge to flee, or an urge to freeze.
Location data from Kohberger’s cellphone showed he had traveled to the area of the victims’ residence at least a dozen times between late June and the night of the killings, authorities said.
Those apparent visits to the victims’ neighborhood all occurred late in the evening or in the early morning, the affidavit said. Investigators also obtained location data from the night of the killings, showing that Kohberger’s phone was near his home in Pullman until about 2:42 a.m.
Five minutes later, the phone started using cellular resources located southeast of the home -- consistent with Kohberger traveling south, the affidavit said. There was no other location data available from the phone until 4:48 a.m. — from a cellphone tower south of Moscow — suggesting Kohberger may have turned his phone off during the attack, the affidavit said.
At that point, the phone began taking a roundabout route back to Pullman, traveling south to Genesee, Idaho, then west to Uniontown, Washington, and north to Pullman just before 5:30 a.m. -- around the same time the white sedan showed up on surveillance cameras in town.
An FBI expert identified the vehicle as a 2011-2016 Hyundai Elantra; Kohberger was driving a 2015 white Elantra during traffic stops in August and in October, the affidavit said.
At the time, Kohberger's vehicle had a Pennsylvania license plate and was registered in that state. That registration was set to expire on Nov. 30, however. On Nov. 18 — five days after the killings — Kohberger registered the car in the state of Washington, getting a new license plate.
Kohberger had applied to become an intern with the Pullman Police Department sometime in the fall of 2022, writing in his application essay that he wanted to help rural law enforcement agencies collect and analyze technical data in public safety operations, according to the affidavit. The document does not say if Kohberger was granted the internship.
UPDATE (1/12/23)
Kohberger appeared in court today at the Latah County Courthouse Thursday at 9 a.m. A judge has now scheduled Kohberger's preliminary hearing for Monday, June 26.
The public defender representing Kohberger requested the judge allow four or five days for the hearing, and no objection from the district attorney was lodged.
The judge said she was blocking the week of June 26 for the matter and ordered Kohberger to remain in state custody with no bond ahead of the June 26 hearing.
UPDATE (1/18/23)
The search warrants used to search Bryan Kohberger's home and office have been unsealed by courts in Washington state. The search warrants had been previously sealed by the courts, but after the release of the Probable Cause Affidavit in Idaho, the courts did not see any reason to continue to keep them sealed from the public.
After securing a search warrant for Kohberger's residence, police seized multiple items in the investigation. The items seized are:
- One nitrite-type black glove
- Walmart receipt with one Dickies tag
- Marshalls receipt
- Dust container from vacuum
- 8 possible hair strands
- 1 "Fire TV" stick with cord and plug
- 1 possible animal hair strand
- Multiple different hairs
- Computer tower
- 1 collection of dark red spot
- 2 cuttings from an uncased pillow of reddish/brown stain (larger stain tested)
- 2 top and bottom of mattress cover packaged separately with multiple stains
UPDATE (1/19/23)
The judge in the case of Idaho v. Bryan Kohberger for the alleged murders of four University of Idaho Students has updated the gag order originally released on Jan 3.
The Nondissemination Order now includes "any attorney representing a witness, victim, or victim's family."
That means they cannot talk about the case outside of the courtroom.
UPDATE (2/10/23)
New documents have been released involving the University of Idaho murder case gag order.
Currently, those involved in the case are not allowed to make statements outside of the courtroom, but the family of one of the victims, Kaylee Goncalves, says their attorney, Shannon Gray, should be exempt from the gag order.
In the court documents, Gray says, “It would place an undue burden on the victims’ families if the attorney whom they have retained to represent their interests was prohibited from serving as their spokesperson."
The prosecution and the defense disagreed. Bryan Kohberger's public defender, Anne Taylor, says, "Mr. Gray’s representation of the Goncalves family does not entitle him to the same degree of freedom of speech they enjoy as ordinary citizens."
Taylor added, "The court has already exempted Mr. Gray’s clients from its order, adequately preserving their first amendment rights."
UPDATE (2/24/23)
Kohberger had more than one picture of one of the victims on his cellphone, according to a report.
A source told People that when authorities confiscated Bryan Kohberger's phone shortly after his arrest, they uncovered images of one of the four victims saved to the device.
It's unclear which victim Kohberger allegedly had photos of and/or if he took the photos himself or downloaded them from social media.
Police previously noted that Kohberger had attempted to connect with one of the women online, reaching out through Instagram and sending her messages despite being ignored.
UPDATE (2/28/23)
Law enforcement officials seized dark clothing, medical gloves, a flashlight and other items from a Pennsylvania home where they arrested Kohberger, according to newly unsealed court documents.
The records were made public Tuesday, two months after Pennsylvania State Police arrested Bryan Kohberger at his parents' home in eastern Pennsylvania.
Pennsylvania State Police swabbed Kohberger's DNA and seized a silver flashlight, four “medical-style gloves,” a white Arizona Jean Co. T-shirt, a black Champion sweatshirt, a pair of black-and-white size 13 Nike shoes, black Under Armour socks, black Under Armour shorts and black Under Armour boxers, according to an inventory of the items.
The significance of the items, if any, was not immediately clear.
Additional warrants from Kohberger's arrest in Pennsylvania are due to be made public Wednesday.
Investigators seized stained bedding, strands of what looked like hair and a single glove — but no weapon — when they searched Kohberger’s Washington state apartment, according to documents released in January.
UPDATE (3/1/23)
New documents have been unsealed from the Jan. 27 status hearing of Bryan Kohberger.
The hearing was to make sure that Kohberger was advised of his right to counsel and any potential conflict that his Attorney Anne Taylor may have had.
In the hearing, Ms. Taylor stated that, though her name appears on every document in the public defender's office, she was not the attorney that represented Xana Kernodle's mother, and that she has never met or given any legal advice to her.
Ms. Taylor stated that Kohberger is the only individual in the case she is connected with.
Kohberger stated that he understood his rights and that he will continue with Ms. Taylor as his defense attorney.
UPDATE (3/2/23)
Multiple knives and a .40 caliber handgun were among the items seized from the Pennsylvania home where 28-year-old Bryan Kohberger was arrested.
Additional court documents made public Thursday show that a knife, a pocketknife, and a Glock 22 handgun with three empty magazines were among the items found at the home of Bryan Kohberger's parents. The home, Kohberger's car, the garage and a shed on the property were all searched when he was arrested there on Dec. 30.
Police also took a door panel from the car, seat cushions, headrests, seatbelt, visor, brake and gas pedals, a band-aid, “maps and documents” and other items, including clothing and a shovel.
A cell phone, a laptop and two containers of a “green leafy substance” were seized from the home, along with black face masks, a black hat and several articles of dark-colored clothing and a book with “underlining on page 118.”
The court documents unsealed Tuesday show dark clothing, four “medical-style gloves,” and a silver flashlight were among the other items seized from the home.
Court documents released in January show investigators seized stained bedding, strands of what looked like hair and a single glove when they searched Kohberger’s apartment in Pullman.
Kohberger’s preliminary hearing is scheduled for late June. He has not entered a plea.
The court granted a 'Motion to Appoint Co-Counsel' for Kohberger to get a second attorney, also qualified for the death penalty should the prosecution pursue it.
UPDATE (5/5/23)
Washington State University has released several videos of court documents relating to Bryan Kohberger, suspected in the murder of four University of Idaho students.
One of the videos shows Bryan Kohberger being pulled over for running a red light just one month before the murders. Bryan Kohberger was arrested at his parents' home in Pennsylvania. Investigators then searched his apartment in Pullman, Washington, and his office at Washington State University where he had just completed his first semester as a Ph.D. candidate in criminal justice. Court documents reveal police found traces of blood on his mattress and pillow, inside what police noted was a "sparsely furnished, and fairly empty," apartment.
There is a hearing in the case scheduled for May 25, and Kohberger is expected to enter a plea in the case at the preliminary hearing on June 26.
UPDATE (5/22/23)
Bryan Kohberger’s attorney, public defender Anne Taylor, said their client “will be standing silent” on pleas during the arraignment in Latah County District Court, prompting the judge to enter not-guilty pleas on his behalf.
Kohberger was indicted by a grand jury on four counts of first-degree murder and burglary, which were the original five charges. The indictment allowed prosecutors to skip a planned week-long preliminary hearing that was set for late June.
If found guilty, Kohberger faces a maximum 10-year sentence on the burglary charge and four consecutive life sentences or the death penalty for the first-degree murder charges. Fines up to $200,000 and payment of $20,000 to the victims’ families are also possible if Kohberger is found guilty.
The state now has 60 days to give notice if they’ll seek the death penalty.
UPDATE (5/25/23)
Bryan Kohberger's parents have been subpoenaed to testify before a grand jury in Monroe County, Pennsylvania.
UPDATE (6/9/23)
A judge overseeing the case against Bryan Kohberger, charged with killing four University of Idaho students last fall, heard arguments Friday over a gag order that largely bars attorneys and other parties in the case from speaking with news reporters.
A coalition of more than 30 media organizations has challenged the order, saying it violates the Constitution’s guarantees of free speech and a free press, as has a lawyer for one of the victim's families. But prosecutors and the defendant's lawyers insist it's needed to prevent prejudicial news coverage that could damage Kohberger's right to a fair trial.
Second District Judge John C. Judge indicated he would rule later on the gag order and on a separate issue of whether to allow cameras in the courtroom during further proceedings.
UPDATE (6/12/23)
Bryan Kohberger's defense attorney has filed a motion in Latah County Court requesting more time to review evidence before responding to the prosecutor's request for an alibi.
Kohberger's public defender, Anne Taylor, said in a motion filed Friday that the defense has not had sufficient time to review the evidence provided by the prosecution, which "includes thousands of pages of discovery, thousands of photographs, and hundreds of hours of recordings."
UPDATE (6/15/23)
Bryan Kohberger has filed court documents that indicate he may challenge his indictment.
Kohberger was indicted by a secret grand jury impaneled by the state on May 16, 2023, on four counts of first-degree murder and a single count of burglary. Since that time the state and the defense have been jousting over what grand jury materials will be made available to Kohberger's defense team.
The state has offered audio recordings and partial transcripts of the grand jury for review, however, Kohberger's defense argues that they are certain evidence exists that would clear him of these charges, "exculpatory evidence," and according to court documents are requesting the court force the state to turn over all grand jury proceedings for review.
The defense argues that after six months of intense media coverage in a small community, they have a right to determine how the grand jury was selected, and what if any exculpatory evidence was shown to them. The defense also argues that since this case carries the potential of the death penalty and that Kohberger has not waived his right to a speedy trial the state's failure to provide all requested materials hampers their ability to make a robust defense for their client.
In a motion filed with the court, Defense Counsel Anne Taylor requests that if all such documents and materials are not turned over without delay that the court should put a stay, or a pause, on the proceedings to allow adequate time for review of the grand jury proceedings.
The state's response in court documents shows that Bill Thompson, Prosecuting Attorney, agrees that the discovery, in this case, is substantial and that a major trial is set to take place in under four months. Thompson's response says that he does not have any problems with a reasonable extension of time for the defense to comply with its obligations under Idaho law, however, he requests the same courtesy for the state should the defense proffer a notice of alibi.
The back and forth continues, as is to be expected in a case of this magnitude. KBOI will update this story when the judge makes a ruling on the motions for extension and grand jury discovery.
UPDATE (6/21/23)
A motion was filed on June 16 for a protective order sealing a DNA profile and genealogical family tree used to identify Bryan Kohberger as a suspect in the four homicides Moscow murder case.
The motion says the Idaho State Police Lab in Meridian found DNA on the Ka-Bar knife sheath found at the home of four murdered University of Idaho students and determined the DNA came from a single source. That source was male. Law enforcement then conducted a short tandem repeat (STR) analysis.
STR DNA analysis involves looking at 20 regions within human DNA and allows law enforcement to make a direct comparison between two STR DNA profiles.
The STR DNA profile from the knife sheath was submitted to a database of profiles from convicted offenders, arrestees, and crime scene evidence. No match was found.
The FBI used an Investigative Genetic Genealogy, allowing individuals to trace their lineage or connect with unknown family members using DNA. A family tree was created containing the name, birthdate and death date of hundreds of relatives between each other and Bryan Kohberger.
Law enforcement recovered trash from Kohberger's parents' home and used STR DNA analysis to compare it with the DNA found at the crime scene. The DNA on the trash belonged to the biological father of the individual who left the DNA on the knife sheath.
DNA was collected from Kohberger via a buccal swab, and another STR DNA comparison was made between the STR profile on the sheath and Kohberger's DNA, showing a match.
The motion says, "The STR profile is 5.37 octillion times more likely to be seen if [Kohberger] is the source than if an unrelated individual randomly selected from the general population is the source."
The protective order would stop the disclosure of the names and public information of the relatives on the family tree and the publicly available genetic genealogy services used.
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