Latah prosecutor wants limits put on Bryan Kohberger’s alibi options

The Latah County Prosecutor’s Office is pushing for limits on Bryan Kohberger’s alibi defense during the Moscow murder suspect’s upcoming trial.

Prosecutor Bill Thompson is asking Ada County District Judge Steven Hippler to prohibit Kohberger from presenting evidence that supports any other alibi than his own. Thompson also wants Kohberger to be prohibited from suggesting an alternative suspect without evidence.

Kohberger’s alibi, according to his attorney Anne Taylor, is that he was driving throughout the area south of Pullman and west of Moscow at the time four University of Idaho students were murdered in the early morning hours of Nov. 13, 2022, at their King Road house. Kohberger’s alleged route took him to the area of Wawawai Park, which Taylor said was his favorite hiking destination.

Thompson wrote in a recent court filing that Kohberger still has not identified specific places or witnesses that support his alibi. Therefore, he has failed to comply with Idaho code, Thompson wrote.

Since it has been more than two years since the homicides occurred, Thompson says it is unreasonable for his office to investigate any new alibi evidence at this point.

“Consequently, the defendant should be prohibited from presenting any evidence, whether by direct or cross-examination, in support of any claimed alibi other than from the defendant himself,” Thompson wrote.

Thompson also argues Kohberger should not be able to suggest an alternative perpetrator unless he has relevant and admissible evidence.

Thompson said police received thousands of tips about possible perpetrators during their murder investigation. None of them were substantiated except for information about Kohberger, Thompson wrote.

Thompson argued that presenting an alternative suspect now “would do nothing more than mislead and confuse the jury and would also result in undue delay, waste of time, would be a needless presentation of cumulative evidence, and unfairly prejudice the State.”

In another motion, Thompson asked Hippler to prohibit the defense from offering testimony regarding a psychiatric and neuropsychological evaluation of Kohberger. Thompson argued that because Kohberger’s attorneys are not planning to use this testimony for a “mental element defense,” it is not allowed under Idaho code.

The prosecution did share details about its own evidence. Thompson’s team is planning on showing a three-dimensional model of the 1122 King Road residence to aid a witness’s testimony.

The model is being made by the FBI based on measurements and photos they took from the King Road residence before it was demolished.

“The primary purpose of this model is to aid the jury in having a better understanding of the layout of the residence, which is unconventional, and to illustrate where certain events occurred within the residence,” Deputy Prosecutor Ashley Jennings wrote in her motion asking the judge for permission to use this evidence.

The model is meant to aid possible witnesses like law enforcement, crime scene analysts and the home’s surviving roommates. It can show the location of the victims and evidence in the home.

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

Kuipers can be reached at akuipers@dnews.com.