A day after waiving his right to a speedy trial, Idaho college murder suspect Bryan Kohberger’s attorneys filed a motion to dismiss the indictment against him, claiming, among other things, “prosecutorial misconduct by withholding exculpatory evidence.”
A memorandum in support of the motion, containing details on the defense’s claims, was filed under seal and won’t likely be unsealed until a hearing on matter, scheduled for September 1. The motion also seeks the indictment’s dismissal “on the grounds of a biased jury, inadmissable evidence, [and] lack of sufficient evidence” and says there are 24 issues detailed in that memorandum.
Kohberger, accused of killing four University of Idaho students in a bloody knife attack on November 13, relented on Wednesday and waived his right to a speedy trial after it became clear that Judge John Judge was intent on holding to the scheduled October 2 start date, as CrimeOnline reported.
Judge said earlier this week that a new trial date could be set as early as the hearing next Friday.
Kohberger’s public defender, Anne Taylor, also told the judge on Wednesday that she intended to file a motion to strike the death penalty.
Kohberger was arrested at his parents’ Pennsylvania home on December 30 and extradited to Idaho to face charges in the deaths of Madison Mogen, Xana Kernodle, Ethan Chapin, and Kaylee Goncalves in their rental home just off the University of Idaho campus. The 28-year-old Kohberger was a graduate student in criminal justice at Washington State University, less than 10 miles from the Idaho campus, at the time.
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[Featured image: FILE – Bryan Kohberger sits with his attorney, Anne Taylor, at a hearing on June 9, 2023, in Moscow, Idaho. (Zach Wilkinson/The Moscow-Pullman Daily News via AP, Pool, File)]