Bryan Kohberger’s defense team is challenging most of the evidence against him in the deaths of four Idaho college students
According to Idaho Statesman, on Friday, Kohberger’s attorneys filed over 160 pages of legal justification to block various pieces of evidence on the public court’s website.
One aspect of the evidence they seek to have dismissed is the collection of their client’s DNA. Kohberger’s legal team cited the Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches and seizures, as the basis for the removal of his DNA. They allege that it was “illegally gathered by law enforcement.”
A prior judge ordered the sealing of any information related to genetic genealogy during the FBI’s investigation. Kohberger became a suspect due to the use of genetic genealogy, according to Latah County Prosecutor Bill Thompson; however, genetic genealogy will not be used as evidence against Kohberger in the trial.
“All information in the affidavit was gathered because of law enforcement’s unconstitutional use of investigative genetic genealogy, and thus nothing in the warrant should remain,” the defense wrote in their filings.
Other evidence requested for removal includes Kohberger’s Amazon, Google, Apple iCloud, and AT&T cell phone service accounts, based on alleged violations of privacy laws. They also included evidence obtained from Kohberger’s parents’ home and his apartment. Evidence collected from Kohberger’s Hyundai Elantra is also part of the filing.
Kohberger’s attorney is also seeking to suppress any of his statements made after his December 2022 arrest, prior to his request for a lawyer.
Additionally, the defense has requested that the cheek swab, fingerprints, and photographs of Kohberger’s body taken during processing be stricken from the record.
Kohberger’s attorney requested a Franks hearing in another filing, challenging the search warrants used by police.
“Franks hearings are particularly challenging,” Boise-based criminal defense attorney Edwina Elcox told the Idaho Statesman. “The defense is essentially challenging the veracity of the police when they obtained a search warrant. It is an uphill battle, but if his attorneys are successful, the ramifications for the prosecution’s case could be devastating.”
As previously reported by CrimeOnline, Kohberger a former Washington State University student, is accused of murdering Ethan Chapin, Xana Kernodle, Madison Mogen, and Kaylee Goncalves on November 13, 2022, at an off-campus home near the school.
Mogen was found dead in bed next to Goncalves, and a knife sheath was reportedly discovered near their bodies. Downstairs, on the second floor, Kernodle was found slain next to Chapin, her boyfriend. Two surviving roommates discovered the bodies and called the police.
According to the Idaho Statesman, December 6 is the cut-off date for the defense to respond to the evidence suppression filings.
A public hearing for oral arguments on the issue is scheduled for January 23.
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[Feature Photo: Kohberger/Police Handout]
