MOSCOW, Idaho — Bryan Kohberger, who stands accused of murdering four University of Idaho students last November, has requested an extension from the court to provide his alibi.
In a recently filed motion, the 28-year-old's attorney is asking the court to allow them more time to go through all of the evidence given to them by the prosecution. The motion states that Kohberger's team is working to prepare his defense, but not allowing more time to sort through evidence "may tread into disclosures of protected information."
Kohberger has been held in custody for approximately six months. According to his public defender Anne Taylor, prosecutors have turned over 51 terabytes of information to the defense in that time, including thousands of pages of discovery, thousands of photographs, "many gigabytes" of electronic phone records and more.
Following the disclosure of the evidence, the prosecution has now requested that Kohberger submit his alibi in accordance with Idaho Code (I.C.) 19-519(5). This statute states that, upon the written demand of the prosecution, the defense must provide a written intent to submit a defense or alibi. Normally, this intent must be submitted within 10 days of the prosecution's request. However subsection 5 of I.C. 19-519 permits the court to grant an extension or exception to this rule "for good cause shown."
The motion argues Kohberger and his team "continue to both navigate discovery disclosed by the state and investigate the charges" against him. Because the defense is not done looking through the evidence, they believe complying with I.C. 19-519 at this time is "at a minimum, premature."
The motion also states that complying with I.C. 19-519 at this time "may tread into disclosures of protected information," and the defense needs time to "consider evidentiary rules."
Should the court deny the request for an extension, Kohberger's attorneys plan to request a hearing to present oral arguments.
Kohberger was arrested on Dec. 30, 2022 at his parent's home in Pennsylvania. He is charged with the murders of Ethan Chapin, Kaylee Goncalves, Xana Kernodle and Madison Mogen, who were found dead in an off-campus home on Nov. 13, 2022.
Since his arrest, Kohberger has been indicted by a grand jury for four counts of first-degree murder and one count of burglary. At his arraignment, a judge entered a not guilty plea on Kohberger's behalf after he decided to stand silent. He is currently awaiting trial in the Latah County Jail, which is scheduled to begin on Oct. 2, 2023.
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