Idaho: Bryan Kohberger Wants Indictment in Idaho Murder Case Tossed

Bryan Kohberger, the man accused of killing four Idaho college students last year, is seeking to have his indictment dismissed, as reported by ABC News.

In a recent court filing, his attorneys argue that the grand jury was misled about the standard of proof required for an indictment.

According to Kohberger's lawyers, the grand jury should have been instructed that the standard of proof for an indictment is "beyond a reasonable doubt."

However, they claim that the jury was given the standard of proof required for a "Presentment," which they argue is a lower standard of having a "reasonable ground for believing that a particular individual has committed a certain offense."

Kohberger's attorneys are requesting the dismissal of the indictment based on this alleged misinformation provided to the grand jury.

Alternatively, they request a new preliminary hearing before a magistrate to argue their case and determine if the charges should proceed.

Bryan Kohberger Attorney Hints the Idaho Murder Suspect Was Not at the Scene During the Incident

In the ongoing legal proceedings, Bryan Kohberger's defense attorneys have made it clear that they will not provide prosecutors with an alibi, despite their demands, according to New York Post.

They hinted that they possess evidence showing that Kohberger was somewhere else when the four University of Idaho students were killed near their campus in Moscow, Idaho, on November 13.

"Evidence corroborating Mr. Kohberger being at a location other than the King Road address will be disclosed pursuant to discovery and evidentiary rules," she wrote, citing the legal process.

The defense team plans to present this evidence during witness cross-examination at the highly anticipated trial scheduled for October 2, 2023, in Latah County Court.

Bryan Kohberger, a former Washington criminology student, was arrested on December 30, 2022, and subsequently indicted on charges of felony burglary and four counts of first-degree murder in connection with the killings of Kaylee Goncalves, Maddie Mogen, Xana Kernodle, and Ethan Chapin.

Prosecutors in Idaho Murder Case Request Defense for More Information on Potential Alibi

In response to the defense team's suggestion that Bryan Kohberger was not at the location where the crimes occurred, prosecutors in the case have filed a motion requesting the judge to compel the defense to share information about Kohberger's potential alibi.

The prosecution's motion, filed on Thursday, asks explicitly the defense to provide details about the specific place or places where Kohberger claims to have been during the time of the crimes, per CNN.

They also request the names and addresses of all witnesses that the defense plans to use to establish an alibi for Kohberger.

The prosecution highlights the urgency of the matter, noting that the scheduled jury trial is only two months away, set for October 2, 2023.

They emphasize the need for prompt notice to fulfill their obligations under Idaho Code $19-519(2) to investigate and respond to the Notice of Alibi. Any further delays, the prosecution argues, would substantially prejudice the State's rights.

As part of their request, the prosecutors seek a court order to require the defense to provide the requested information within 10 days to ensure the case can proceed accordingly.

This article is owned by Latin Post.

Written by: Bert Hoover

WATCH: Bryan Kohberger asks judge to throw out indictment - From KING 5 Seatle