Kohberger Attorneys Make 'Improper' Request To Surviving Housemate Of Idaho College Killings, Her Lawyer Says
One of the survivors of a deadly attack on Idaho college students could become a witness for the defense.
Brian Kohberger's attorneys want to subpoena a female housemate to testify at his upcoming preliminary hearing on four murder counts.
According to ABC News, a defense motion claims Bethany Funke, 21, “may be a material witness” who could provide “exculpatory” information clearing Kohberger.
But an attorney for Funke calls the subpoena request “improper.” In documents received by RadarOnline.com, Kelli Anne Viloria says Kohberger's lawyers have “no authority” to make her testify.
Viloria goes on to contend that Funke already has told authorities about “things she heard and things she saw.”
Viloria adds that a preliminary hearing should not become a “mini-trial.” Instead, she says, a separate hearing should be held on whether the subpoena can be issued.
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An Idaho judge is requiring Funke at least to attend Kohberger's preliminary hearing, which is scheduled for June. Viloria says Funke currently lives in Nevada.
Funke lived on the first floor of the three-story home in Moscow. The four victims slept on the second and third floors and were stabbed Sunday, November 13, 2022.
A different housemate, Dylan Mortensen, has told authorities she heard crying on the morning of the killings. Then she saw someone wearing black approaching her before going out a sliding door.
Kohberger, 28, has yet to enter a plea on four counts of murdering the college students and one count of burglary.
A motion by news organizations to remove a gag order on the case was rejected Monday by Idaho's Supreme Court.
According to the Associated Press, the justices unanimously decided that a lower magistrate court should consider that request first.
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