"It is anticipated this evidence may be offered by way of cross-examination of witnesses produced by the State as well as calling expert witnesses," writes Bryan Kohberger's attorney in a new court filing.
Bryan Kohberger and his defense team have given a glimpse into the suspected killer's possible alibi in the University of Idaho murders.
"Mr. Kohberger’s defense team continues investigating and preparing his case," Kohberger's public defender Anne C. Taylor wrote in a court filing on Monday. "Evidence corroborating Mr. Kohberger being at a location other than the King Road address will be disclosed pursuant to discovery and evidentiary rules as well as statutory requirements."
She then adds: "It is anticipated this evidence may be offered by way of cross-examination of witnesses produced by the State as well as calling expert witnesses."
In the Notice of Defendant’s Response to State’s Alibi Demand obtained by Inside Edition Digital, Taylor also writes: "A defendant's denial of the charges against him does not constitute an alibi, but as soon as he offers evidence that he was at some place other than where the crime of which he is charged was committed, he is raising the alibi defense.
This is the first time that Kohberger or the defense has provided any suggestion of a possible alibi.
NOTICE OF DEFENDANT’S RESPONSE TO STATE’S ALIBI DEMAND
The probable cause affidavit filed in December alleges that Kohberger's cell phone disconnected from the network just before 3 a.m. on the night of the murders and reconnected a little before 5 a.m. that same morning.
"At approximately 2:47 a.m., the 8458 Phone utilized cellular resources that provide coverage southeast of the Kohberger Residence consistent with the 8458 Phone leaving the Kohberger Residence and traveling south through Pullman, WA," writes Officer Bret Payne in the affidavit.
The phone was offline for almost exactly two hours at that point according to the affidavit.
"The 8458 Phone does not report to the network again until approximately 4:48 a.m. at which time it utilized cellular resources that provide coverage to ID state highway 95 south of Moscow, ID near Blaine, ID," writes Payne.
Blaine is approximately 10 miles south of Moscow. Kohberger continued to drive south and then loop back north before arriving back in Pullman 36 minutes later, according to the affidavit.
Kohberger and his lawyers outlined what they believe to be the perceived holes in the prosecution's case in court filings last month, claiming in one brief that the DNA of three men was found at the murder scene.
The filing also claims that there is a "total lack of DNA evidence from the victims in Mr. Kohberger’s apartment, office, home, or vehicle."
Another piece of evidence that the defense says is lacking is the identification of the suspect's car.
Kohberger owned and drove a 2016 Hyundai Elantra.
"Precisely how the police came to believe the car was an Elantra is still unknown," Kohberger's attorney, Jay Logsdon, writes in one brief. "A report from an analyst for the FBI dated March 21, 2023 shows the analyst heavily relying on video of a car heading in the wrong direction and at the wrong time on Ridge Rd."
Prosecutors have yet to state a potential motive for the killings, but they do claim to have evidence showing that DNA found on a knife sheath left at the scene is a direct match to DNA obtained from a buccal swap of Kohberger.
While authorities believe a fixed-blade, hunting-style knife was used to killed those four University of Idaho students: Madison Mogen, 21; Kaylee Goncalves, 21; Xana Kernodle, 20; and Ethan Chapin, 20, it apparently has not been recovered.
Kohberger had previously told the public defender assigned to handle his extradition from Pennsylvania to Idaho that he expects to be exonerated of all charges at trial.
At his arraignment, a judge entered a not guilty plea on his behalf.
The trial is set to start later this year.
