On June 9, the defense for Kohberger filed a motion and said because of the “voluminous” discovery process which is “still ongoing,” and because they’re investigating the charges against their client, deciding an alibi now would be “at a minimum, premature as wading through the extensive information that makes up the case is incomplete,” KGO-TV reported.
The defense, which is in the middle of preparations for the upcoming trial set to take place in the fall, added that making a decision at this juncture “may tread into disclosures of protected information" and time is needed “to make this determination and consider evidentiary rules,” KGO-TV reported.
The demand for Kohberger’s notice of alibi was put in by the Latah County Prosecutor’s Office a day after his May 22 arraignment.
Idaho law states defendants are supposed to respond to that demand within 10 days “or at such different time as the court may direct” with a written statement of where they claim to have been at the time of the alleged crimes. They must also list any witnesses on whom they plan to rely for that alibi.
Kohberger’s lawyer now is asking the court for more time to decide, or to make an exception to that rule. If the court is not “inclined to grant” their request, they asked for a hearing to be set “to present oral argument, evidence and/or testimony” in support of their motion.
The judge has not yet issued a ruling.
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Last month, Kohberger, 28, was indicted and charged with four counts of first-degree murder, as Front Page Detectives previously reported. At his arraignment, Kohberger declined to offer a plea, so the judge entered a not guilty plea on his behalf.
Kohberger was studying for a Ph.D. in criminology at Washington State University when police believe he broke into a home in Moscow, Idaho, and stabbed four students to death: Kaylee Goncalves, 21; Madison Mogen, 21; Xana Kernodle, 20; and Kernodle's boyfriend, Ethan Chapin, 20.
The trial is scheduled to begin on Oct. 2.
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