The Case Against Bryan Kohberger

Prosecutors have yet to reveal the full extent of their case against Bryan Kohberger, the man accused of stabbing four University of Idaho students to death late last year.

But Latah County Prosecutor Bill Thompson filed the notice of his intent to seek the death penalty in court on Monday.

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

The slayings stunned the community and garnered widespread attention. Kohberger, who was a graduate student studying criminology at Washington State University in nearby Pullman, was arrested at his parents' home in Pennsylvania in late December.

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. A trial is scheduled to begin in early October.

Kohberger is expected back in court on Tuesday.

His attorneys are asking the court to order prosecutors to turn over more evidence about the DNA found during the investigation. They also want more information about the searches of Kohberger's phone and social media records, as well as the surveillance footage used to identify the make and model of his car.

In a recent motion to compel discovery, Kohberger's defense attorney Anne Taylor said prosecutors have only provided the DNA profile that was taken from traces found on the snap of a knife sheath, not the DNA profiles belonging to three other unidentified males that were developed during the investigation.

Other motions to compel discovery by Taylor argue that prosecutors have not handed over materials in the case that she believes contain exculpatory evidence. Kohberger's attorney also filed a motion earlier in June requesting more time to decide whether to offer a formal alibi.

Police had released few details about their investigation until after Kohberger was arrested at his parents' home in Albrightsville, Pennsylvania on December 30, 2022.

A probable cause affidavit detailed how investigators pieced together DNA evidence, cellphone data and surveillance video to connect Kohberger to the crime.

In court documents, prosecutors said said DNA taken from Kohberger after his arrest is a "statistical match" to DNA found on a knife sheath inside the home where the students were killed.

A white sedan that prosecutors say matched a Hyundai Elantra owned by Kohberger was caught on surveillance footage repeatedly driving past the rental home around the time of the killings, the affidavit said.

It said Kohberger's phone was either turned off or on airplane mode around the time of the killings, but the data right before it was turned off suggested he was heading in the direction of the home while data after it was turned back on suggested he was heading away from there.

A recent filing by prosecutors detailed for the first time how law enforcement officials used investigative genetic genealogy to link DNA from the knife sheath to Kohberger. They said their investigation found that the DNA was "at least 5.37 octillion times more likely" to belong to Kohberger than an unrelated member of the public.

Prosecutors have not revealed any details about a possible motive, or whether they have any evidence tying Kohberger to the victims.

In a recent court filing opposing prosecutors' motion seeking to protect information related to the use of investigative genetic genealogy in the case, an attorney representing Kohberger said there is "no connection" between Kohberger and the slain students.

Jay Weston Logsdon, an attorney with the Kootenai County Public Defender's office, wrote that there is "no explanation for the total lack of DNA evidence from the victims in Mr. Kohberger's apartment, office, home, or vehicle."

He also said it "remains unclear" what police relied on in focusing their investigation on Kohberger.

The most important evidence in the case for prosecutors "is that which puts Kohberger at the scene of the murders," Neama Rahmani, a former federal prosecutor and president of West Coast Trial Lawyers, told Newsweek.

"The DNA is helpful, but it's only a single source and not as much as you would expect for such a bloody murder scene."

The cell phone evidence appears to show Kohberger leaving Washington State, but "stops before he gets to Moscow, Idaho," Rahmani noted. "The video surveillance shows a white Hyundai Elantra, but it's not definitive."

He added: "Short of direct evidence putting Kohberger at the scene, the next best evidence for the prosecution is evidence of the victims' blood, hair or something similar in Kohberger's vehicle, apartment, or parents' house. But according to defense filings, that evidence is lacking. Finally, although it isn't an element of the crime, the state would like to have some evidence of motive, whether it be stalking or otherwise."

The case has "fundamentally changed" now that the state has filed the notice of intent to seek the death penalty against Kohberger, said Michael McAuliffe, a former federal prosecutor and elected state attorney.

"The defense will continue to push back against the forensic and DNA evidence developed during the investigation that links the defendant to the crime scene," McAuliffe told Newsweek.

"However, now that Kohberger's possible execution is a part of the case, the defense team will re-evaluate its goals," he said. "Often in death penalty cases where there is strong evidence of guilt and particularly horrible facts, the defense strategy shifts from obtaining a not guilty outcome to saving the client's life. Simply, the risks change for the defendant in a capital case."

Prosecutors "presumably have solicited the views of the victims' families regarding the death penalty and will continue to consult them during every stage of the case," he said.

"However, the ultimate issue of whether to resolve the case with a guilty plea if the death penalty is withdrawn is the prosecutor's decision to make," McAuliffe said. "While the defense had not publicly raised the possibility of a guilty plea, the issue will become more and more central to the case as it moves closer to trial. Under Idaho's death penalty statute, life without parole is an alternative to the death penalty."

Last week, 2nd District Judge John Judge denied a request to lift a gag order in the case, but did significantly narrow it.

The revised gag order prohibits any attorneys representing parties, victims or witnesses in the case from making statements that could have a "substantial likelihood of materially prejudicing or otherwise influencing the outcome of the case."

They are allowed to comment about information contained in the public record, procedural issues, scheduling and make statements that a lawyer would reasonably "believe is required to protect their client from the substantial undue prejudicial effect of recent publicity not initiated by the lawyer or the lawyer's client."

But they are barred from sharing opinions about the guilt or innocence of a defendant outside of the courtroom, the identity or nature of evidence expected to be presented at trial or information that they know wouldn't be admitted in court. They also cannot speak about the character or credibility of a witness, expected testimony or the likelihood of a plea deal.