IDAHO, Boise (AP) — Prosecutors in Idaho maintain that Bryan Kohberger, a criminology student who is charged with the murder of four University of Idaho students, should not be allowed to present an alibi defense unless he decides to take the stand during the upcoming murder trial.
The court has received a formal petition from Latah County Prosecutor Bill Thompson seeking to restrict any alibi evidence from being introduced in Kohberger's trial. Along with that notable request, Thompson has also asked 4th District Judge Steven Hippler to impose limits on the kinds of evidence that can be presented to the jury concerning any psychiatric evaluations Kohberger might have undergone. And, they’re also seeking clarity on the admissibility of evidence concerning any alternate suspect who might have committed the crimes Kohberger is accused of. However, it has come to light that there were many alternative suspects.
Recent witness testimony disclosed in an unsealed transcript from a court hearing, along with the engagement of a new attorney, offers an up-close look at the defense's primary strategy: contesting the DNA evidence. The prosecution's most critical piece of evidence is a DNA sample taken from a knife sheath found at the crime scene. Prosecutors charge that the investigators used a relatively new technique—investigative genetic genealogy—to make the leap from the DNA sample to the assertion that the sample was a proven family member match to the defendant. Subsequent analysis tied the defendant to the sample in a way that makes the defense uncomfortable, leading to his arrest. Investigative genetic genealogy (IGG) is not only new, but also remains somewhat untested in a courtroom.
To combat the evidence stacked against them, the defense team has directed much of their energy and attention towards bloodline evidence. Since the first DNA test was performed, results from the tests have led to more and more specific questions about exactly what the tests are indicating and how exactly they were utilized by investigators. In August, lab director and forensic scientist Dr. Angela McQuillan was called to testify at a closed hearing. She provided a thorough explanation of both the scientific and legal aspects of generating a genealogy from the DNA sample.
Kohberger stands accused of killing four students in a case that has horrified the nation. Professors and students at the University of Idaho have grappled with the loss. In early November 2022, the four students—Ethan Chapin, Xana Kernodle, Madison Mogen, and Kaylee Goncalves—were found slain at their off-campus home in Moscow, Idaho. The aftermath left an entire campus feeling vulnerable, struggling to regain a sense of safety.
Last year, the defense team filed a document with the court asserting that 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." And the defense contended an expert in cellular tracking would back its assertions up with testimony about where Kohberger's mobile device was during this same critical timeframe.
Nevertheless, Latah County Prosecutor Bill Thompson expressed in his motion that the defense has not supplied enough specifics about where Kohberger was, and has not complied with court-mandated disclosure deadlines. According to Thompson, the defense's doings and not doing are so far gone in time that Kohberger must come forward to the court and the jury with any alibi he might have for the prosecution to have any chance of working with it.
In addition, Thompson attempted to bar some testimony regarding neuropsychological and psychiatric evaluations of Kohberger, contending that this kind of evidence is not allowed under state rules.
Defense attorney Anne Taylor, in contrast, asked the court for permission to submit a lengthy court document containing motions dealing with a number of issues she considers important. These are, among other things, 1. Expert testimony that should not have been disclosed to the jury. 2. DNA evidence that was improperly referred to as "touch" or "contact" DNA. 3. Identifications made by witnesses who were obviously misled by the defendant's "bushy eyebrow" look. The court said okay to all this.
The defense has persistently questioned the use, legality, and accuracy of the DNA testing conducted at each stage of the investigative process. Recently, it added Bicka Barlow, an attorney who specializes in forensic DNA evidence, to its legal team. She has enhanced the proficiency of the defense in this crucial area.
Professor Emeritus William C. Thompson of Criminology, Law, and Society at the University of California, Irvine, stated with regard to the appointment of Barlow that it signifies the paramount importance of DNA evidence in the proceedings. Thompson said, "If they're hiring her, it means that they've decided they have to deal with it. It tells me that DNA will be central to this case."
Kohberger has been formally entered a not guilty plea. He will stand trial in August and, if convicted, could face capital punishment.
https://en.wikipedia.org/wiki/Investigative_genetic_genealogy
https://witnessdirectory.com/signup.php
