Idaho judge in Bryan Kohberger case slams defense for possibly 'inculpatory' questionnaires
Idaho Judge John Judge on Thursday condemned the defense in the Bryan Kohberger murder case for distributing questionnaires that could be 'inculpatory' to Latah County residents.
Bryan Kohberger, the man accused of killing four University of Idaho undergrads in a home invasion stabbing, offered up an alibi via his attorneys on Wednesday.
Kohberger, 29, claims he was out driving the night of the killings on Nov. 13, 2022.
"Mr. Kohberger was out driving in the early morning hours of November 13, 2022; as he often did to hike and run and/or see the moon and stars," his lawyers said in court documents filed that outline his alibi. "He drove throughout the area south of Pullman, Washington, west of Moscow, Idaho including Wawawai Park."
Kohberger — a former criminology Ph.D. student at Washington State University in nearby Pullman, Washington — is charged with four counts of murder and burglary after he allegedly stabbed 20-year-old Xana Kernodle, 20-year-old Ethan Chapin, 21-year-old Kaylee Goncalves and 21-year-old Madison Mogen with a KA-BAR knife.
Bryan Kohberger, who is accused of killing four University of Idaho students in November 2022, walks past a video display as he enters a courtroom to appear at a hearing in Latah County District Court, Wednesday, Sept. 13, 2023, in Moscow, Idaho. (AP Photo/Ted S. Warren, Pool)
He was arrested in late December 2022. Kohberger offered up the alibi, but it is not clear if he has evidence to back it up.
"He claims to like all these outdoor activities. So does he have pics on social media or his phone or just someplace showing this?" David Gelman, a criminal defense attorney and a former deputy district attorney, told Fox News Digital. "In his apartment, did the police find outdoor gear? This will all disprove the alibi he offers."
Kohberger frequently drove at night during the school year, which is supported by his phone showing him in the countryside in the late night hours on multiple instances, court documents said.
IDAHO JUDGE GIVES BRYAN KOHBERGER WIN OVER GENETIC GENEALOGY BATTLE
Bryan Kohberger and his alleged victims, clockwise from top left, Madison Mogen, Ethan Chapin, Xana Kernodle and Kaylee Goncalves. (WSU/Instagram)
"This is supported by data from Mr. Kohberger’s phone showing him in the countryside late at night and/or in the early morning on several occasions," the documents state. "The phone data includes numerous photographs taken on several different late evenings and early mornings, including in November, depicting the night sky."
Defense lawyers plan to offer an expert to prove that Kohberger's cell phone was south of Pullman, Washington and west of Moscow, Idaho on the night of the killings.
However, Gelman noted that Kohberger's DNA was found at the crime scene.
"The defense is doing a great job of muddying the waters because they are trying to show reasonable doubt which is all a juror needs to vote not guilty, but DNA doesn’t lie," he said.
Bryan Kohberger enters the courtroom for his arraignment hearing in Latah County District Court on May 22. His lawyers have been granted access to officer training records for those involved in his murder case. (Zach Wilkinson/Moscow-Pullman Daily News via AP)
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In a statement obtained by NewsNation's Brian Entin, Kaylee Goncalves's family reacted to Kohberger's alibi.
"We have been waiting on this information for months and it has finally arrived," the statement read. "Now that it is here we feel even more confident in the prosecution of the Defendant. The Defense's claim is that the Defendant was driving late at night hiking/running around stargazing. We are not sure why it has taken over a year for this to come out as those don't seem to be complicated activities. We believe that if this alibi had any weight it would have been submitted months ago."
The family went on to say Kohberger's claims are "not really an alibi" because of conflicting data about when Kohberger's cell phone was turned on and his location.
The family said they "look forward to justice in the case" and thanked people for showing them support.
A date for Kohberger's trial has not yet been set. Prosecutors are seeking the death penalty.
