Idaho Murders Suspect Bryan Kohberger Scores Minor Victory In Court
A judge has granted Idaho murders suspect Bryan Kohberger's attorneys a request that will allow them to review genetic genealogy evidence compiled against their client.
The move, made in a 32-page order filed in The Second District Court of Idaho, comes nine months after Kohberger's defense waived his right to a speedy trial, and serves as a minor victory for his team.
The man suspected of savagely knifing four college students is seeking specific details about how cops used investigative genetic genealogy (IGG) to indict him, after he allegedly left a DNA-ridden knife sheath at the scene of the crime.
Just last week, the 28-year-old had his latest bid for freedom denied - after Judge John Judge refused to overturn the allegation against him over what Kohberger's team insisted were incorrect Grand Jury instructions.
He was indicted by an Idaho Grand Jury who heard the evidence against him in May - evidence that Kohberger's team will now have access to after the new ruling.
An Idaho judge has declined to dismiss a grand jury indictment against Bryan Kohberger, 28, seen here in court this past Thursday months after defense waived his right to a speedy trial
Kohberger is accused of fatally stabbing Kaylee Goncalves, 21, Madison Mogen, 21, Xana Kernodle, 20, and Ethan Chapin, 20, as they slept this past November. The recent move serves as a minor victory for his team
The order, filed Wednesday, recounts how Kohberger was arrested in his native Pennsylvania more than a month after the slayings after cops were able to thumb him using DNA, before describing how prosecutors claimed they had already compiled enough evidence to arrest and take samples from him without using DNA.
'Kohberger was arrested on December 30, 2022, and charged with four counts of Murder in the First Degree,' it reads.
'Nothing about law enforcement's use of IGG (investigative genetic genealogy) was used to obtain the arrest warrant... or to obtain the search warrant for his DNA,' it reads.
It then mentions a now-failed motion filed by the state to prevent Kohberger's team from accessing the evidence - as Idaho attorneys Bill Thompson, Wendy Olson, and Cory Carone insist the information would not aid the suspected killer's defense.
The defense, however, 'opposes the motion', Judge Judge notes, before eventually describing their own request to have an in-camera review of the IGG evidence - a demand that has now been adhered to.
But, 'disclosure of information gathered from an IGG investigation is an issue of the first impression in Idaho,' the order goes on to note.
First impression refers to a legal issue brought before the court that remains up in the air and is thus out of the court's jurisdiction - and the prosecution had claimed the IGG information fits that criteria.
However, even if the evidence was not used to obtain a warrant and will not be used at trial as the prosecution insists, Judge last week ruled: 'The court finds the defense is likely entitled to see at least some of the information from the IGG investigation, even if it may ultimately be found to have no relevance to Kohberger's defense.'
General view of the infamous murder house in Moscow, Idaho, where Bryan Kohberger allegedly slaughtered four University of Idaho students
Kohberger, seen here after being arrested in December, was cuffed after a SWAT team swooped in Scranton, Pennsylvania, after cops were able to link him to crime scene using DNA
'Kohberger was arrested on December 30, 2022, and charged with four counts of Murder in the First Degree,' an excerpt of the new order reads, before describing how prosecutors said they had already compiled enough evidence to arrest the suspect without already using DNA
Kohberger appears in court in Moscow, Idaho, on Thursday. Judge John Judge - whose order allows the suspected killer's defense a chance to review the genetic evidence against him - speaks on the video screen in the background
The order goes on to state that since the court has not seen the information about lawmen's use of IGG, Judge Judge will first look at all of the IGG-related evidence in the possession of the Latah County Prosecutor's Office and the FBI.
Only after, will he determine what should be shared with the defense, and what should be kept hidden.
'The Court cannot say precisely what should and what should not be disclosed at this time,' the order notes - before granting the State's request for an in camera review of the IGG information before the judge can make another move.
'After such review, the Court will enter the appropriate discovery and protective orders,' it adds.
While not a major win, the decision offers some legal respite toward the man accused of fatally stabbing four University of Idaho students.
The defense previously revealed that they would be contesting the notion that Kohberger's DNA was left at the scene on the knife sheath. They also claim that DNA from three other unidentified men was also found at the Idaho crime scene.
The defense also wants more information on how the FBI used the DNA to create family trees that led them to Kohberger and his father in Scranton, Pennsylvania, for an early-morning arrest.
Investigators allegedly matched the DNA on a Ka-Bar knife sheath to that of Kohberger. Pictured is a similar Ka-Bar seven inch hunting knife
'The Court cannot say precisely what should and what should not be disclosed at this time,' Judge John Judge wrote in the new order
Kohberger's attorneys, seen here Thursday, previously revealed that they would be contesting the notion that Kohberger's DNA was left at the scene on the knife sheath. They also claim that DNA from three other unidentified men was also found at the Idaho crime scene
Prosecutors Bill Thompson (center), Wendy Olson, and Cory Carone maintain the killer left the military knife sheath behind and that it was found next to one of the victims, and that DNA on the sheath was matched to Kohberger after fed checked the sample against their databases
Prosecutors, meanwhile, maintain the killer left the military knife sheath behind and that it was found next to one of the victims bodies in her bed, on the third floor of the student home.
DNA allegedly present on the sheath was later matched to Kohberger, they claim, after the FBI checked the sample against genetic genealogy databases and 'tipped off' local cops.
Days later, Kohberger was in cuffs - and has remained incarcerated since.
A criminals affidavit claimed cops collected DNA samples from trash from the suspect's parents' home in the Poconos Mountains, and garnered a familial match to the sample found on the sheath.
Following Kohberger's arrest on December 30, prosecutors say that DNA samples were taken directly from the suspect and came back as a more concrete 'statistical match'.
In response, the defense has accused prosecutors of 'hiding its entire case' by trying to keep its method of genetic genealogy investigation under wraps.
Kohberger was arrested some 2,300 miles from the crime scene in Pennsylvania. He was attending college in nearby Washington State
Kohberger, meanwhile, has maintained his innocence in the case, and due to a sprawling gag order, few details have emerged
When DNA is found at the scene of the crime that does not belong to victims, local lawmen typically run it through their own database to check if it matches the DNA of any previous offenders.
This process is referred to as a short tandem repeat (STR) comparison and tests the sample against 20 DNA markers - enough to identify the person if their own DNA is already in the system, or, in some cases, if the DNA of an immediate relative is in the system (eg. a parent or a sibling).
Speaking to Fox News after Judge's ruling, Edwina Elcox, a Boise-based defense attorney who once represented 'Cult mom' murderer Lori Vallow, said she had issues with the new ruling
'I have a huge issue with this,' she said, stating her belief that none of the prosecution's evidence should be withheld.
'As a former prosecutor, I am of the position that the prosecution's file should be absolutely open.'
'Anything should be fair game for defense,' she said. 'Maybe it's useful, maybe it's not - but it shouldn't be for the judge to decide.'
As for Kohberger - who appeared in Thursday's hearing wearing a suit - he has waived his right to a speedy trial, and a trial date has not been set.
He did not speak during Thursday's proceedings.
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