MOSCOW, Idaho — New court documents in the case of the man accused of killing four University of Idaho students show Latah County prosecutors are sharing new evidence regarding an officer involved with the case.
Prosecutors told the court the information is related to a "confidential internal affairs investigation" involving the officer and is "potential Brady/Giglio material."
That information has now been handed over to the defense team for Bryan Kohberger. The judge also granted a protective order that prevents the defense from sharing the information and seals the documents from public view.
"It could be huge for the defense or it could be totally meaningless since we don't know what it is," said Seattle defense attorney John Henry Browne, who is known for defending convicted serial killer Ted Bundy.
Brady material refers to the case Brady v. Maryland where the United States Supreme Court held that "there must be a timely disclosure to the defendant of favorable, material information that is known to the government," according to a definition posted by the National Association of Attorneys General (NAAG).
NAAG adds that Brady material includes information that could negate guilt or affect punishment.
"Giglio extends Brady to include the responsibility to disclose information that could impeach a witness, typically a law enforcement officer or an informant," NAAG states on its website.
Brown explains the Brady/Giglio involves a "continuing" obligation that the defense and law enforcement must hand over that possible exculpatory evidence to the defense.
"They're actually, under Giglio and Brady, prosecutors have an obligation to look for such evidence," Browne said.
Though with the mention of the internal affairs investigation, it looks like this disclosure is about a potential challenge to the credibility of a police officer in the case.
"Most police departments have created what's called a Brady list. On the Brady list are officers, detectives, internal personnel who have committed some sort of an error in the past and the defense should be told about it," Brown said.
Disclosures about Brady/Giglio are common, Browne cautions, so this doesn't necessarily mean a bombshell in the murder case. Not turning over such information can lead to cases being overturned, like what happened with the original Brady vs. Maryland case, Browne added.
It's also important to note the Brady/Giglio material mentioned here may have nothing to do with the Moscow murder case itself.
"It could be something as small as a DUI 25 years ago, or it could be more serious," Browne said. "Obviously the most serious thing for the prosecution, the state would be if the officer, detective, whatever has some history of not telling the truth."
Kohberger was arrested at his parent's home in Pennsylvania on Dec. 30, 2022, for the murder of four University of Idaho students that November. At this time, he is booked at the Latah County Jail awaiting a preliminary hearing in June.
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