According to a recent court document, Bryan Kohberger, the PhD candidate accused of killing four Idaho college students last fall, claims he wasn’t in the house where the killings took place and was out by himself that night.
The defense “cannot be more specific” about what witnesses would say to support that assertion “at this time,” according to Kohberger’s attorney, but that information would become clear after reviewing the discovery papers and what witnesses will testify about during the future trial.
In a new court document submitted on Wednesday and made public on Thursday, Kohberger’s attorneys detailed how the man accused of the quadruple homicide that has garnered national attention frequently traveled alone in his car.
Mr. Kohberger has a history of taking alone drives. He often took nighttime drives. According to Kohberger attorney Anne Taylor, he did so late on November 12 and into November 13, 2022.
There is currently no specific witness who can pinpoint Mr. Kohberger’s exact whereabouts at every second of the hours between late on November 12, 2022, and early on November 13, 2022. Mr. Kohberger is not claiming to be in a specific location at a specific time. On November 12-13, 2022, late at night and early in the morning, he was out driving.
In response to the prosecution’s request for clarification on whether Kohberger’s attorneys would assert at trial that their client had an alibi for his whereabouts on the night of the killings, and the precise place where he claimed to have been instead, Kohberger’s driving history was revealed.
It’s interesting to note that Idaho is one of the few states that demands the defense notify the prosecution of its intention to use an alibi defense. The defense seems to be making every effort to meet this legal requirement, according to ABC News legal analyst Matt Murphy, a former Orange County, California prosecutor.
The court will undoubtedly grant them great latitude in exploring and developing any defense they believe may be exculpatory in a death penalty case. However, in the world of alibi defenses, a death-qualified jury will find it very difficult to buy the “I was out driving alone, but nobody saw me” defense given these facts.
In court documents made available to the public on Thursday, Kohberger’s counsel objected to the prosecution’s request and stated that his client “has complied to the extent possible at this time.”
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Taylor said that the prosecution’s attempt to compel an alibi “is an attempt to force the defense to open its work product files and let the state peek inside,” according to the court document. “The defense has said everything that can be said with certainty at this point. This is not a trial by defense ambush, the defense claims in a recent brief.
The attorney for Kohberger stated that she expects “corroborating witnesses” to support his account, and that “corroboration” that Kohberger wasn’t at 1122 King “may be brought out through cross-examination of the state’s witnesses” and “expert witness presentation.” This analysis is in progress.
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