Kohberger’s team files motion to suppress pivotal evidence

Bryan Kohberger’s attorneys have filed motions to suppress key evidence in the Moscow quadruple homicide case, and the judge has denied them more time to review further evidence.

In a series of court documents made public Friday, Kohberger’s attorneys are claiming evidence obtained by search warrants related to the suspect should be suppressed.

This includes Kohberger’s genetic information, the search of his vehicle, his online data, his cellphone data and all evidence gathered at his parents’ home in Pennsylvania.

Kohberger’s attorneys argue the arrest warrant leading to Kohberger’s capture in his parents’ home is unconstitutional. They claim law enforcement failed to knock on the door before raiding the home and that the warrant lacked probable cause as written.

They claim the warrant omitted information that “put into question the reliability of the facts upon which it relies.” As a result, the defense also asked Ada County District Judge Steven Hippler to schedule a Franks hearing, which is a court procedure that would center around their argument that law enforcement issued the search warrant recklessly.

Kohberger’s attorneys argue that law enforcement’s investigation into Kohberger’s genetic genealogy was unconstitutional. DNA evidence was discovered on a knife sheath left at the crime scene in the King Road home. Law enforcement tied this DNA evidence to Kohberger.

The suspect’s attorneys argue all of the search warrants that resulted from this evidence should not be allowed.

“Without IGG, there is no case, no request for his phone records, surveillance of his parents’ home, no DNA taken from the garbage out front,” his attorneys argue.

Thursday was the deadline to file motions to suppress evidence. The Latah County Prosecutor’s Office has until Dec. 6 to respond to the defendant’s motions. A hearing on the matter will be held Jan. 23 at the Ada County Courthouse.

Thursday was also the deadline for the attorneys in this case to file motions regarding any other unresolved issues related to the discovery in this case.

Kohberger’s attorneys asked for that deadline to be extended because they have not finished a review of the “vast amount of discovery in this case.”

Hippler denied their request. In his written order, Hippler criticized them for waiting until Wednesday, the eve of their deadline, to file this motion. He said the prosecution’s deadline to submit its discovery was Sept. 6, which meant the defense could have asked for an extension “far sooner.”

Hippler also wrote that Kohberger’s attorneys did not give any details about how much of the discovery they still need to review or why it has not been reviewed.

Kohberger faces four counts of first-degree murder and one count of burglary in the November 2022 stabbing deaths of University of Idaho students Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin. He could face the death penalty if convicted. His trial is scheduled for August 2025.

Kuipers can be reached at akuipers@dnews.com.