Criminology Ph.D. Student becomes suspect in Chauhre murder case Byron Kohbarger He returned to an Idaho courtroom Thursday as his defense attorneys claimed prosecutors turned over key evidence in the discovery — but only in altered form.
The defense is seeking additional evidence through discovery, including full surveillance video purportedly showing Kohbarger’s white Hyundai Elantra near the crime scene.
“The public needs to know that they withheld the audio,” revealed Anne Taylor, Kootenai County public defender and Kohbarger’s lead defense attorney.
The claim comes as Kohbarger’s team scrambles to open its next investigative hearing to the public, contrary to prosecutors’ request that it be held behind closed doors.
Brian Kohbarger’s ‘alibi’ blown apart in ‘anger’ of Idaho prosecutors
Brian Kohbarger, who is accused of murdering four University of Idaho students in November 2022, sits with one of his attorneys, Anne Taylor, during a hearing in Latah County District Court in Moscow, Idaho, on September 13, 2023. (AP Photo/Ted S. Warren, Poole)
However, prosecutors argued that everything in the proceedings related to the discovery hearing has been filed under seal and is expected to continue to be filed under seal.
“This is completely disproportionate,” Deputy Prosecuting Attorney Ashley Jennings told Judge John Judge during a hearing Thursday.
“The defendant will get his day in court, and the public will have a right to see what evidence the state has,” Jennings said. “Now is not the time for this.”
Furthermore, the defense’s allegation that prosecutors are delaying discovery is “complete nonsense,” said Latah County prosecuting attorney Bill Thompson.
Idaho murders: Brian Kohbarger’s defense ‘strongly confident’ in suspect’s innocence
Latah County Prosecuting Attorney Bill Thompson walks through the courtroom before a hearing at the Latah County Courthouse in Moscow, Idaho on Tuesday. (August Frank/Tribune, Poole)
Taylor accused the prosecution of trying to control public perception of the case by placing the evidence “in a vacuum”.
“Brian is right,” argued Taylor. “it’s his the sixth amendment is right For a public hearing.”
The judge did not seem convinced by his argument.
Lawyer says Idaho murder suspect Brian Kohbarger was unaware of victims
Madison Mogen, top left, smiles over the shoulders of her best friend, Kaylee Goncalves, as they pose with Ethan Chapin, Zanna Kernodle and two other housemates in the final Instagram post of Goncalves, who was convicted of stabbing four students to death. Was shared a day before. , (@kayleegoncalves/Instagram)
He said, “I completely understand that Mr. Kohbarger has a constitutional right to a public hearing, but a hearing is not a hearing.” “This is something different.”
He said he might be more open to holding a closed-door hearing and then releasing the information.
Later, as the hearing became heated, he chided both sides and urged them to “take it slow” and avoid personal attacks on each other.
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Brian Kohbarger is seen outside the Monroe County Courthouse in Stroudsburg, Pennsylvania for the first time since his arrest. He is accused of a quadruple murder in Moscow, Idaho. (Image direct to Fox News Digital)
The legal stance may be a strategic move to boost the defense team’s effort to move the case forward Out of Latah CountyIn a larger jurisdiction with more people in the jury pool than where the murders occurred, according to David Gellman, a New Jersey-based defense attorney and former prosecutor.
He said he agreed with Taylor that prosecutors should not have handed over an edited video that purportedly links Kohbarger’s car to the crime scene.
Idaho judge allows jury pool survey of Brian Kohbarger to resume
“They’re trying to accuse the prosecutor of hiding evidence and going after an innocent person,” he told Fox News Digital. “They will say things in open court that probably wouldn’t be normal, but if the public sees it, it could either help move the case forward because of publicity or poison a potential jury.”
Kohbarger faces four charges first degree murder and another aggravated burglary in connection with the massacre at an off-campus home next to the University of Idaho on November 13, 2022.
Maddie Mogen, 21, Kaylee Goncalves, 21, Zanna Kernodle, 20, and Ethan Chapin, 20, died in the quadruple stabbing attack.
Victims of the University of Idaho murders, from left: Kaylee Goncalves, Ethan Chapin, Zanna Kernodle and Madison Mogen. (Instagram @xanakernodle / @maddiemogen / @kayleegoncalves)
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According to court documents, police found a Ka-Bar knife sheath under Mogen’s body, which had Kohbarger’s DNA on it. They also traced his movements through phone pings and surveillance video of his car.
Taylor argued that this evidence is favorable to the prosecution, while little potentially exculpatory evidence has emerged in court, and both sides have agreed to a restrictive restraining order on the case, which he has used to avoid answering questions from the press. Have done for.
At Kohbarger’s sentencing in May 2023, the judge entered not guilty pleas on all counts on Kohbarger’s behalf.
