Bryan Kohberger's Defense Given Alibi Ultimatum

Bryan Kohberger's defense team may be forced to provide an alibi for the suspect before the University of Idaho Murder trial in October, according to documents obtained by Newsweek.

Kohberger, 28, is accused of breaking into a rental house near the university campus in Moscow, Idaho, in the early hours of November 13 and fatally stabbing Kaylee Goncalves, 21, Madison Mogen, 21, Xana Kernodle, 20, and Ethan Chapin, 20.

He was charged with four counts of murder and one count of burglary in connection with the deaths. Not guilty pleas were entered on Kohberger's behalf after he chose to "stand silent" during his arraignment in May.

On Monday, Kohberger's attorneys failed to submit an alibi to the Idaho county court before the deadline, according to filings.

Idaho law states that defendants must submit an alibi defense to the court within 10 days of a written demand from the prosecution.

Kohberger's team had already received an extension on this initial request on the grounds they had not had enough time to review the prosecution's evidence. This new date was set for July 24, 2023.

On Monday, Anne Taylor, Kohberger's attorney and public defender in Kootenai County, filed a court document saying that evidence would soon be provided that would show Kohberger was not at the off-campus residence on the night that the four students were killed.

"It is anticipated this evidence may be offered by way of cross-examination of witnesses produced by the State as well as calling expert witnesses," the document said.

In the notice filed, Taylor wrote that her client would be invoking his constitutional right to silence and would not submit an alibi defense, according to court documents.

However, following this, the Idaho district court filed a motion demanding the court force Kohberger to produce an excuse for why he was not in Moscow that day ahead of the trial.

Prosecutors want the times of his whereabouts, address and the details of anyone who can corroborate this alibi, according to the report.

If his defense team fails to do this, they may forfeit the right to use an alibi in his defense during the trial, according to the report.

This week, Kohberger's defense team has also filed a motion to dismiss and requested the charges against the suspect be dropped entirely, or remanded for a preliminary hearing, according to court filings. The defense team has also filed a motion for a Stay of Proceedings, asking for a halt without waiving the right to a speedy trial.

Newsweek has contacted the Kootenai County Public Defender office via email for comment.