Bryan Kohberger scores minor win in Idaho murders case
The ruling comes a week after Bryan Kohberger’s defence team finally shared his alibi for the night of the murders
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Bryan Kohberger scored a minor win in the University of Idaho murders case this week when the judge ruled that his defence attorneys will be allowed to continue conducting phone surveys of potential jurors.
Mr Kohberger has been charged with the murders of Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves after the four students were found stabbed to death in an off-campus home in Moscow, Idaho, in November 2022.
A judge previously entered a not guilty plea for him, paving the way for the case to head to trial where prosecutors have said they plan to seek the death penalty if he’s convicted.
Mr Kohberger's defence team has hired a consultant to conduct phone surveys of potential jurors living in the University of Idaho area. The consultant's queries probe for details like whether or not a potential juror has heard or read news about the case, if they are aware of Mr Kohberger's arrest, or if they watch or listen to true crime programming.
When prosecutors learned that the consultant was making calls, they requested that Latah County District Court Judge John Judge prohibit the defence from continuing the calls, arguing that the surveys violate a previously instated gag order. They also raised concerns that some of the questions could prejudice potential jurors when the case heads to trial.
Judge Judge has now ruled that the surveys are permissible, so long as the questions don't violate the specific terms of the gag order.
He noted that most of the questions on the survey include information that is already available to the public, and as such did not violate the order.
The ruling comes almost a week after Mr Kohberger's defence team finally shared his alibi for the night of the murders.
Mr Kohberger’s attorney Anne Taylor said in a court filing that her client loved to run and hike, and that he frequently took late night drives.
“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,” Ms Taylor wrote.
“He drove throughout the area south of Pullman, Washington, west of Moscow, Idaho including Wawawai Park.”
Pullman is approximately 8 miles west of Moscow, where the murders took place.
The defence also indicated that it plans to call an expert witness to testify that — using cellphone geolocation data — Mr Kohberger did not travel east along toward Moscow on the night of the murders.
The family of one of the victims blasted the alibi, saying that it is in “direct conflict” with the evidence in the affidavit.
“The Defense’s claim is that the Defendant was driving late at night hiking/running and 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 of Kaylee Goncalves wrote after the alibi was entered into the trial.
“It is also in direct conflict with the Probable Cause affidavit that states that the Defendant’s phone was turned off between 2.47am and 4.48am.”
The family said that they “continue to look forward to justice” in the trial.
No trial date has yet been set for Mr Kohberger.