CNN

Suspect in Idaho killings will use an alibi defense but doesn’t claim a specific location, attorneys say

Aug 3, 2023, 8:35 PM

In June, University of Idaho killings suspect Bryan Kohberger had a hearing at the Latah County Cou...

In June, University of Idaho killings suspect Bryan Kohberger had a hearing at the Latah County Courthouse in Moscow, Idaho. (August Frank, Pool/Reuters)

(August Frank, Pool/Reuters)

(CNN) — Attorneys for a man accused of killing four University of Idaho students last year say they will be using an alibi defense, but do not have one specific location for where he was, they said in a court document filed Wednesday.

The defense attorneys for Bryan Kohberger made the statements in an objection to prosecutors’ motion from last week to compel Kohberger to share the exact location of his alibi and the names of witnesses who could testify to his location.

Kohberger faces four counts of first-degree murder in the November 13 deaths of 21-year-olds Kaylee Goncalves and Madison Mogen; and 20-year-olds Xana Kernodle and Ethan Chapin, who were fatally stabbed in an off-campus home in Moscow, Idaho. A not guilty plea has been entered on his behalf, and his trial is set for October.

Statements by a surviving witness and other evidence leads investigators to believe the killings happened between 4 a.m. and 4:25 a.m., according to court documents.

“Mr. Kohberger has long had a habit of going for drives alone,” his attorneys’ Wednesday filing reads. “Often he would go for drives at night. He did so late on November 12 and into November 13, 2022.

“Mr. Kohberger is not claiming to be at a specific location at a specific time; at this time there is not a specific witness to say precisely where Mr. Kohberger was at each moment of the hours between late night November 12, 2022 and early morning November 13, 2022. He was out, driving during the late night and early morning hours of November 12-13, 2022.”

The attorneys say they recognize the use of an alibi requires a specific location, but that “Kohberger has complied to the extent possible at this time,” their objection says.

“Corroborating evidence may come from cross examination of state’s witnesses. Corroborating evidence may come from presentation of defense experts. Mr. Kohberger is aware of and will comply with his continuing duty to disclose information,” the objection says.

His attorneys asked in the filing for the court to exempt Kohberger from further inquiry, and said he is “prepared to provide further detail in an ex parté hearing with the court.”

In asking for the defense to provide alibi information last week, prosecutors had noted the trial is about two months away.

“If the defense intends to rely on alibi, it is essential that they be required to provide prompt notice so the state can fulfill its obligations under Idaho Code $19-519(2) to investigate and respond to the notice of alibi. Any further delays will substantially prejudice the state’s rights,” the prosecutors’ motion reads.

Due to a wide-ranging gag order, prosecutors, defense lawyers, and attorneys for victims’ families and witnesses are prohibited from saying anything publicly, aside from what is already in the public record.

Kohberger was a graduate student at Washington State University, near the Idaho state line and less than 10 miles from where the stabbings happened. He was arrested seven weeks after the killings at his parents’ house in Pennsylvania.

He has been in police custody since then and is being held without bail. Prosecutors will seek the death penalty, according to court documents.


The-CNN-Wire™ & © 2023 Cable News Network, Inc., a Warner Bros. Discovery Company. All rights reserved.

KSL 5 TV Live

CNN

Apple's "By the Seaside" is perhaps one of the company's most controversial tunes, drawing the ire ...

Krystal Hur, CNN

Hate Apple’s ‘By the Seaside’ alarm tune? You’re not alone

Critics of the common alarm "By the Seaside" sound on Apple iPhones are speaking out.

13 hours ago

Palestinians search for casualties at the site of Israeli strikes on houses in Gaza City on June 22...

Eyad Kourdi and Ibrahim Dahman, CNN

More than 50 people killed or missing in Israeli strikes on central Gaza, local officials say

52 people have been killed or left missing in Israeli strikes near Gaza city on Saturday, according to the Hamas-controlled Government Media Office (GMO).

2 days ago

Four menthol vaping products were authorized by the US Food and Drug Administration on Friday, the ...

Jen Christensen, CNN

FDA sign-off on menthol e-cigarettes ‘flies in the face of public health,’ anti-tobacco groups say

Four menthol vaping products were authorized by the US Food and Drug Administration on Friday, the first non-tobacco-flavored e-cigarette products to get the agency’s sign-off. The decision drew harsh criticism from pediatricians and anti-tobacco groups.

2 days ago

Ten people have been shot, 2 fatally, following an active shooter incident at Mad Butcher Grocery i...

Zoe Sottile and Justin Lear, CNN

Three dead, 10 wounded, in Arkansas grocery store shooting, authorities say

Three people were killed and 10 wounded in a shooting at a grocery store in Fordyce, Arkansas, the Arkansas State Police said in a news conference Friday.

2 days ago

Researchers were able to locate a specific gene variant correlated with some people's weight gain, ...

Madeline Holcombe, CNN

Researchers have found a ‘clear genetic trigger for obesity’ that applies to some people

Obesity isn’t just a matter of food and exercise — it may be in your genetic code, according to new research.

3 days ago

TikTok ramps up attacks on Biden administration in challenging prospective ban, and seen here, a vi...

Brian Fung, CNN

TikTok ramps up attacks on Biden administration in challenging prospective ban

TikTok ramped up its attacks on the Biden administration Thursday over a law that could ban the popular app from the United States, arguing in a court filing that US TikTok users could be forced to live on an “island” of content disconnected from the rest of the world if the platform is forced to find a new owner.

3 days ago

Sponsored Articles

Photo courtesy of Artists of Ballet West...

Ballet West

The rising demand for ballet tickets: why they’re harder to get

Ballet West’s box office is experiencing demand they’ve never seen before, leaving many interested patrons unable to secure tickets they want.

Electrician repairing ceiling fan with lamps indoors...

Lighting Design

Stay cool this summer with ceiling fans

When used correctly, ceiling fans help circulate cool and warm air. They can also help you save on utilities.

Side view at diverse group of children sitting in row at school classroom and using laptops...

PC Laptops

5 internet safety tips for kids

Read these tips about internet safety for kids so that your children can use this tool for learning and discovery in positive ways.

Women hold card for scanning key card to access Photocopier Security system concept...

Les Olson

Why printer security should be top of mind for your business

Connected printers have vulnerable endpoints that are an easy target for cyber thieves. Protect your business with these tips.

Modern chandelier hanging from a white slanted ceiling with windows in the backgruond...

Lighting Design

Light up your home with these top lighting trends for 2024

Check out the latest lighting design trends for 2024 and tips on how you can incorporate them into your home.

Technician woman fixing hardware of desktop computer. Close up....

PC Laptops

Tips for hassle-free computer repairs

Experiencing a glitch in your computer can be frustrating, but with these tips you can have your computer repaired without the stress.

Suspect in Idaho killings will use an alibi defense but doesn’t claim a specific location, attorneys say