The defense of Idaho murder suspect Brian Kohbarger must prove that stargazing was a “regular habit” for the accused. Murder of four college students In November 2022.
Kohbarger’s defense attorney, 29, said in recent court filings that the murder suspect was outside looking at the stars that morning when Madison Mogen, 21; Kaylee Goncalves, 21; Zana Kernodle, 20; And Ethan Chapin, 20, was stabbed to death on November 13, 2022, in his home a street away from the University of Idaho campus in Moscow.
“Mr. Kohbarger was driving in the early morning hours of November 13, 2022; as he often did while hiking, running and/or gazing at the moon and stars,” his lawyers said in court filings, which Explains the outline of his wife. “They drove all over the area of Idaho, including Pullman, south of Washington, west of Moscow, Wawawai Park.”
Legal experts say Kohbarger’s lawyers will now have to prove what their client was doing on the morning of the murder.
Accused Idaho killer offers excuse: ‘Driving to see the moon and stars’
Attorneys for Brian Kohbarger say he was stargazing in the early morning hours of Nov. 13, 2022, when four University of Idaho students were murdered at their off-campus home. (August Frank-Pool/Getty Images)
Brian C. Stewart, “Kohbarger’s defense team is presenting this pretext defense now so that they do not waive the right to raise the defense later. As pretext goes, it is very weak.” idaho based litigation attorney who also represents Gabby Petito’s family, told Fox News Digital. “This clearly appears to be made consistent with known evidence that cell tower data shows he was driving in the area at the time of the murders, while trying to dispute why he was there alone.” Was.”
“As said elsewhere, it is very weak.”
In a January 2023 arrest affidavit, prosecutors alleged that Kohbarger’s phone was pinging at the scene. Quadruple murder on King Road Just hours after the murder of four college students on the morning of November 13, 2022, and at least 12 times before the murder.
Brian Kohbarger was charged with four counts of alleged first-degree murder and one count of felony theft in Latah County, Idaho. (Latah County Sheriff’s Office)
Investigators determined that the phone belonged to Kohbarger, a former criminology Ph.D. was registered. student of Washington State University In nearby Pullman, the crime scene was pinged around 9 a.m. the same day. Additionally, prosecutors said his phone had gone off between 2:47 a.m. and 4:48 a.m. on November 13, around the same time the murders allegedly occurred.
According to the affidavit, all his previous trips except one had taken place in the late evening or early morning. The same phone that investigators pinged near the crime scene “left the area of the Kohbarger residence at approximately (9) pm on November 13 to travel to Moscow, ID,” the affidavit states. “Specifically, 8458 phones used cellular resources that would provide coverage to a King Road residence between 9:12 and 9:21 a.m.”
Idaho judge gives victory to Brian Kohbarger in genetic genealogy battle
Work crews are parked outside 1122 King Road in Moscow, Idaho on Tuesday, June 27, 2023. The property was demolished after the homeowner donated it to the University of Idaho following the murder of student Madison Mogen on November 13, 2022. 21; Kaylee Goncalves, 21; Zana Kernodle, 20; and Ethan Chapin, 20, inside the home. (Derek Shook for Fox News Digital)
Stewart said that Kohbarger’s “unconfirmed alibi is not unusual, but it doesn’t prove anything.”
“The defense intends to try to create some kind of reasonable doubt. However, Kohbarger’s explanation that he was driving and looking at the moon and stars alone at midnight is not a story that would make it likely Pass the smell test for the appropriate jurors,” the lawyer said. “It’s not credible, because it wouldn’t make any sense to most people.”
David Moorhead, a Colorado-based criminal defense attorney for Moorhead Law Group, told Fox News Digital that “although late-night stalking is not inherently unusual, the defense needs to prove that this was a regular habit of Kohlberger’s.”
Brian Kohbarger and his alleged victims, clockwise from top left, Madison Mogen, Ethan Chapin, Zanna Kernodle and Kaylee Goncalves. (WSU/Instagram)
“Phone data, past social media posts, or even witness accounts of similar outings would significantly strengthen his alibi. However, the prosecution will challenge this by looking for inconsistencies or arguing that he may also commit crimes within his campaign’s time frame,” Moorehead said.
New York-based criminal defense attorney Roger V. Archibald similarly told Fox News Digital that “(a) strong alibi is usually seen as the testimony of a credible disinterested witness with time-stamped evidence such as video footage, photos or phone “Contains documentation or GPS records that place the defendant away from the crime scene.”
He added, “However, most non-criminals are not able to provide a credible alibi of this nature, as they may have been alone or at an unknown location at the time of the crime.” “So although Kohbarger’s alibi seems unusually weak, and would be considered so in a court of law, it is not unusual when considered in the context of his daily life.”
A split photo showing the crime scene and the victims, including University of Idaho student Ethan Chapin, 20; Zana Kernodle, 20; Madison Mogen, 21; and Kaylee Goncalves, 21. (Angela Palermo/Idaho Statesman/Tribune News Service via Getty Images/Instagram/@kayleegoncalves)
In a statement posted on Facebook, Kaylee Goncalves’ family said they “have been waiting for this (alibi) information for months and it’s finally here.”
“Now that it’s here we feel even more confident in prosecuting the defendant. The defense claims the defendant was out driving, hiking/running and looking at the stars late at night. Not sure why it took over a year to come out as they don’t seem to be complex activities,” the family said. “We believe if this excuse had any significance it would have been presented months ago . This is in direct contradiction with the affidavit of probable cause which states that the defendant’s phone went off between 2:47 am and 4:48 am.
“We believe that if this pretext had any significance it would have been presented months ago.”
“So if the defendant was driving around and there is information on the cell phone that he was in a different location it would be either before or after the time of the murder. So that’s really not an excuse. We are looking forward to justice and we can now complete this part of the proceedings. Thank you for all your support for our family!”
Kaylee Goncalves, one of four University of Idaho students found murdered in a home near campus. (Facebook)
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The family further said that Kohbarger’s claims are “not really an excuse” due to conflicting data about when his cellphone was turned on and his location.
Brian Kohbarger, right, 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 Latka County District Court in Moscow on Wednesday, Sept. 13, 2023. ,Idaho. (AP Photo/Ted S. Warren, Poole)
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Authorities arrested Kohbarger from his parents house in pennsylvania In December 2022, about a month after the murders. Four cases of murder and theft are registered against him.
His trial was initially scheduled for October 2024, but it was moved up and is now expected to take place before summer 2025. the prosecutor is demand for death penalty,
Fox News’ Louis Casciano and Michael Ruiz contributed to this report.
