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Judge denies defense's motion, confirming Bryan Kohberger murder trial will start October 2

Posted at 11:22 AM, Aug 18, 2023
and last updated 2023-08-18 20:45:27-04

LATAH COUNTY, Idaho — Bryan Kohberger was back in a Latah County courtroom Friday, as his October trial date inches closer. Judge John Judge denied the defense's motion to stay proceedings Friday, confirming the trial will move forward on October 2, with jury selection the week prior.

Kohberger is accused of breaking into an off-campus home near the University of Idaho last November and fatally stabbing students Madison Mogen, Kaylee Goncalves, Ethan Chapin, and Xana Kernodle.

At Friday’s hearing, attorneys spent most of the day discussing DNA evidence used to identify Kohberger as the state’s suspect and how DNA databases can be used. Multiple genetic genealogy experts were called to testify for the defense in continued efforts to compel the state to turn over more information on how DNA found at the scene was tested and how DNA databases were used in their investigation.

RELATED | Bryan Kohberger maintains silence and does not provide alibi for the night of U of I murders

Arguably one of the strongest pieces of evidence in the state’s case against Kohberger is the DNA discovered on a knife sheath that was found near one of the victims at the crime scene, which prosecutors say was a statistical match to a DNA sample taken from Bryan Kohberger.
Investigators used genetic genealogy to link the DNA to Kohberger leading up to his December 30 arrest at his parents’ home in Pennsylvania.

In court Friday, the state argued that everything they plan to use in the trial has been turned over to the defense and that the process of how they got to Kohberger "simply doesn't matter" since investigators later confirmed the lead by matching a cheek swab from the suspect to the sample from the crime scene.

A judge will consider arguments heard in court and issue a written ruling at a later date.

In addition to the DNA on the knife sheath, the state also pointed to Kohberger's cell phone data and white Hyundai Elantra in the affidavit that lead to his arrest. Although Kohberger chose to remain silent when requested to provide an alibi, the defense later shared that Kohberger has a long history of going for drives at night and that they cannot definitively say where he was at exact times throughout the morning of the murders.

The judge now set a September 8 deadline for Kohberger to provide an alibi.

RELATED | The State asks for Court to rescind partial stay in the case against Bryan Kohberger

The court will hear several remaining motions September 22. Jury selection will start September 25 and a final pre-trial conference will be held Spetember 29.

Kohberger is currently facing the death penalty for the four first-degree murder charges.