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By Jenna Sundel
News Reporter
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The judge will decide what evidence is allowed into the trial of Bryan Kohberger, the suspect accused of murdering four University of Idaho students, during two closed-door hearings this week.
The hearings, which will be held on Tuesday and Thursday, will have a significant impact on Kohberger's case will unfold.
Charges Against Kohberger
Kohberger, 29, is charged with four counts of murder and one count of burglary related to the deaths of Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin.
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The four victims were found dead in their off-campus home in Moscow on Nov. 13, 2022.
Kohberger pleaded not guilty to the charges. He is eligible for the death penalty if convicted.
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Defense Fighting for Access to Evidence
Anne Taylor, the public defender for Kohberger, is accusing prosecutors of withholding various records and information that the defense should have access to during the discovery process. Kohberger's legal team has submitted several motions to compel prosecutors to release this evidence so they can review it and build their case.
Taylor said prosecutors are refusing to provide evidence police cited in the probable cause affidavit for Kohberger's arrest. This evidence includes cell phone tower data and the full audio and video of a white sedan near the house where the crime happened, the Idaho Statesman reported.
Prosecution's Response
The state has responded to the defense's motions, but the content of the responses is sealed from the public.
At a hearing earlier this month, Latah County Prosecutor Bill Thompson said the state is not withholding evidence.
"The characterization that we're just consciously withholding information to frustrate the defense is utter nonsense," Thompson told the court earlier this month. "That is not true. We will provide everything we can that is providable under the rules."
What to Expect from the Hearings
The defense said it has two expert witnesses lined up for Tuesday's hearing.
The hearing was closed at the prosecution's request so they can discuss specifics of certain evidence, some of which may not be presented during the trial.
Thursday's closed hearing will focus on the defense's request to review protected content in investigative genetic genealogy records. The records were used by the FBI to identify Kohberger as a suspect.
The technique utilizes DNA from a crime scene using public genealogy websites, which can help investigators determine potential suspects.
"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 wrote in a petition to the judge. "This Court provided no authority for sealing those materials."
Taylor said the defense will call up two expert witnesses and present a couple of exhibits on Thursday, according to the Statesman.
What's Next
At another hearing on June 27, both legal teams will argue whether the trial should be moved out of the county to ensure a fair trial. The prosecution has voiced their opposition to the location change, while the defense is conducting phone surveys of potential jurors.
A date for the trial has not been set yet.
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