Bryan Kohberger to appear in court as defense challenges prosecution methods
Idaho murders suspect Bryan Kohberger returned to a courtroom this week ahead of his summer murder trial for the stabbing deaths of four University of Idaho students in November 2022.
What we know:
It was the first time Kohberger has been back in court in over two months, when his defense team asked a Boise judge to "sanction" prosecutors over "inadequate disclosures" through the discovery process.
His defense team is requesting expert witnesses be excluded from the case as a solution.
His team is attempting to have nearly all the evidence collected by police against Kohberger thrown out by challenging the legality of search warrants.
They are arguing the probable cause on which the search warrants were based was established primarily by the police use of investigative genetic genealogy (IGG), which they believe amounts to a violation of Kohberger’s Fourth Amendment rights.
IGG is a relatively new approach that allows police to build a family tree of a suspect by comparing DNA found at a crime scene to public databases filled with voluntarily submitted DNA from people trying to learn about their ancestry.
The other point his defense is arguing is that search warrants were overly broad, notably during the searches of electronic devices, like Kohberger’s phone, laptop and online accounts.
For the first five hours of Thursday’s hearing, the feed was closed to the public. Once the livestream opened to the public, viewers could see three panels. One of Kohberger with his attorneys, another with Judge Steve Hippler and the third panel showing the prosecution.
"Your honor, we’re here because the state alleges a single piece of evidence has tied Mr. Kohberger to this case," Defense Attorney Anne Taylor said. She’s referring to the DNA evidence found on a knife sheath.

Bryan Kohberger, who is accused of killing four University of Idaho students in November 2022, walks past a video display as he enters a courtroom to appear at a hearing in Latah County District Court, Wednesday, Sept. 13, 2023, in Moscow, Idaho. ((AP Photo/Ted S. Warren, Pool))
The defense argued there was no warrant for several phases of the search that led to the investigative genetic genealogy (IGG) and there was a violation of an expectation of privacy.
"I struggle with the idea that DNA left at a crime scene, that there’s any expectation of privacy with someone who leaves DNA at a crime scene that the DNA can’t be searched without a warrant to establish identity," Judge Hippler said.
"Well, your honor I don’t think any of us can go out of our houses without leaving DNA all over the place," said Kohberger's attorney.
The prosecution later responded. "We are talking about a murder scene to a house in which he has no connection whatsoever, we’re talking about four victims to which he has asserted no connection whatsoever, we’re not just talking about his DNA happened to be found at a dresser drawer, it was found on a knife sheath where four people were killed by a knife," Jeff Nye said.
The hearing ended Thursday with the defense asking for a Franks Hearing related to IGG. The hearing is expected to continue Friday.
The family of one of the victims, Kaylee Goncalves, is in Boise for the hearing. They posted on social media that "they will never stop fighting for the truth."
Kohberger is facing four charges of first-degree murder and felony burglary in the stabbing deaths of University of Idaho students Madison Mogen, 21, Kaylee Goncalves, 21, Xana Kernodle, 20, and Ethan Chapin, 20.

A split photo showing the crime scene and the victims, University of Idaho students Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves. (Derek Shook for Fox News Digital | Instagram | @xanakernodle/@kayleegoncalves)
All four students were killed in a 4 a.m. home invasion attack in a six-bedroom home just steps off campus Nov. 13, 2022.
Prosecutors allege he sneaked into the home while some of them were asleep and killed them with a large knife.
Two housemates survived, including one who told police she saw a masked man with "bushy eyebrows" walk out the back door after overhearing sounds of a struggle.
Police found a Ka-Bar knife sheath under Mogen's body that prosecutors say contained Kohberger's DNA. Kohberger drove a white Hyundai Elantra, the same type of car investigators identified as the suspect's vehicle, and allegedly turned his phone off before heading to and from the crime scene, according to an affidavit.
Police, citing phone records, also alleged he stalked the victims' home a dozen times before the murders and drove by once more hours after.
At the time of the murders, Kohberger was studying for a Ph.D. in criminology at nearby Washington State University, about 10 miles across the state line.
A judge entered not guilty pleas on Kohberger's behalf at his arraignment in May 2023.
Kohberger is being held without bail and could face the death penalty if convicted.
The Source: This report includes information from FOX News Digital.
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