Prosecutors are demanding that Idaho college murders suspect Brian Kohberger provide his alibi to the court now that a deadline for him to do so has passed.

And as the state filed a motion to compel the alibi or else forfeit the right to use it in trial, Kohberger’s defense attorneys filed one of their own — to have the suspect’s indictment for the murders of Xana Kernodle, Ethan Chapin, Madison Mogen, and Kaylee Goncalves thrown out altogether, saying prosecutors “misled” the grand jury on the “standard of proof” for an indictment, according to KXLY.

Prosecutors initially requested Kohberger’s alleged alibi in May, starting a 10-day timer, prescribed by state law, for the defense to present it. The defense requested an extension, citing the need to review the voluminous evidence, and the judge granted the extension to July 24.

But when July 24 came around, Kohberger’s attorney wrote that he would invoke his right to silence and would not present an alibi. In documents filed Monday, the defense wrote that the suspect “could not have committed the crime of which he is accused” because of he was elsewhere, which they said they would prove in court with their own expert witnesses and cross-examination of the prosecutions witnesses, as CrimeOnline reported.

The prosecution motion, if approved, would require the defense to provide “the specific place or places at which the Defendant claims to have been at the time of the burglary and homicides in this case” as well as “the names of addresses of all witnesses upon whom the Defendant intends to rely to establish such alibi,” the motion reads.

“It is important to note that the scheduled October 2, 2023 jury trial is barely more than two months away. If the Defense intends to rely on alibi is is essential that they be required to provide prompt notice,” the prosecutor wrote.

In its argument to dismiss the indictment, defense attorneys argue that the Idaho’s own laws are unclear about what constitutes the “standard of proof” for an indictment, saying that what the prosecution provided qualifies only as a “presentment” and that the case should go to a preliminary hearing, according to KXLY. The defense also argued that the grand jury itself was improperly seated.

The defense argues for a delay in the October start of the trial — without sacrificing Kohberger’s right to a speedy trial.

Earlier, the defense questioned a key piece of evidence against their client — the knife sheath found in the middle of a blood crime scene. Prosecutors say DNA on the sheath led them to Kohberger’s family and ultimately to Kohberger himself. The defense argues that they sheath could have been placed at the scene by someone other than Kohberger.

The judge has set a hearing date of August 28 for several of the motions.

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[Featured image: FILE – Bryan Kohberger enters the courtroom during a hearing in June. (August Frank/Lewiston Tribune via AP, Pool, File)]