Crime & Safety

Judge Denies Request To Toss Charges In Bryan Kohberger Case: Report

Kohberger, who was arrested at his parents' Pennsylvania home, is accused of fatally stabbing four University of Idaho last fall.

The judge overseeing the murder trial of Bryan Kohberger has denied his lawyer's request to toss out charges against him, according to an ABC News report.
The judge overseeing the murder trial of Bryan Kohberger has denied his lawyer's request to toss out charges against him, according to an ABC News report. (Kai Eiselein/New York Post via AP)

BOISE, ID — The judge overseeing the murder trial of Bryan Kohberger, the man accused of fatally stabbing four University of Idaho students in their off-campus home last year, has denied his lawyer's request to toss out charges against him, according to an ABC News report.

Kohberger faces first-degree murder charges in the Nov. 13, 2022, deaths of Ethan Chapin, Madison Mogen, Xana Kernodle and Kaylee Goncalves, who were found dead in their Moscow, Idaho, home.

In court documents obtained by ABC News, Kohberger's attorneys argued that prosecutors withheld evidence that may have aided in Kohberger's defense. Attorneys also argued that doing so biased the grand jury that brought charges against Kohberger, according to ABC News.

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In their second argument, defense attorneys claimed the grand jury was given inaccurate instructions, ABC News reported.

In his ruling, Judge John C. Judge called the defense's arguments "creative," but said they didn't pass muster, according to the report.

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Kohberger was a graduate student studying criminology at Washington State University, which is a short drive from the scene of the killings across the state border.

Autopsies showed the students were likely asleep when they were attacked, according to authorities. Some had defensive wounds, and each was stabbed multiple times.

Investigators later pieced together DNA evidence, cellphone data and surveillance video that they say links Kohberger to the slayings.

Authorities arrested Kohberger at his parents' Pennsylvania home in December 2022, nearly seven weeks after the killings. A grand jury indicted Kohberger in May, and he stood silent in court before a judge entered a not-guilty plea on his behalf.

Latah County Prosecutor Bill Thompson has said he intends to seek the death penalty, and a trial date has not yet been set.

Kohberger's trial was initially scheduled to start in October; however, it was postponed indefinitely after Kohberger waived his right for it to begin within six months of his plea, according to a Tribune News Service report.

Last week, Kohberger's defense team was given access to the off-campus home where the deaths occurred so lawyers could gather photos, measurements and other documentation before the house is demolished later this month. Kohberger's defense team accessed the home on Thursday and was expected to do so again on Friday, the University of Idaho told The Associated Press.

University officials plan to begin demolition on Dec. 28. The university hopes that removing the house will reduce the impact the deaths have had on the many students who live nearby.

"It is the grim reminder of the heinous act that took place there," President Scott Green said. "While we appreciate the emotional connection some family members of the victims may have to this house, it is time for its removal and to allow the collective healing of our community to continue."

The Associated Press contributed to this report.

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