Idaho murders suspect Bryan Kohberger’s protection must show that stargazing was a “regular habit” for the suspect accused of killing four college students in November 2022.
Defense attorneys for Kohberger, 29, stated in latest courtroom filings that the homicide suspect was out stargazing that morning when Madison Mogen, 21; Kaylee Goncalves, 21; Xana Kernodle, 20; and Ethan Chapin, 20, have been stabbed to dying of their dwelling only a road away from the College of Idaho campus in Moscow on Nov. 13, 2022.
“Mr. Kohberger was out driving in the early morning hours of November 13, 2022; as he often did to hike and run and/or see the moon and stars,” his attorneys stated in courtroom paperwork filed that define his alibi. “He drove throughout the area south of Pullman, Washington, west of Moscow, Idaho including Wawawai Park.”
Authorized specialists say Kohberger’s attorneys will now need to show that is what their consumer was doing on the morning of the murders.
ACCUSED IDAHO KILLER OFFERS UP ALIBI: ‘DRIVING TO SEE THE MOON AND STARS’
Bryan Kohberger’s attorneys say he had been stargazing within the early morning hours of Nov. 13, 2022, when 4 College of Idaho college students have been murdered of their off-campus dwelling. (August Frank-Pool/Getty Pictures)
“Kohberger’s defense team is submitting this alibi defense now so that they do not waive the right to raise the defense later. As alibis go, this is a very weak one,” Brian C. Stewart, an Idaho-based litigation attorney who additionally represents Gabby Petito’s household, instructed Fox Information Digital. “It clearly seems to be created to conform to known evidence that cell tower data shows that he was out driving in the area at the time of the murders while attempting to muddy the waters about why he was out there alone.”
“As alibis go, this is a very weak one.”
In a January 2023 arrest affidavit, prosecutors alleged that Kohberger’s cellphone pinged on the scene of the quadruple homicide on King Road simply hours after the murders of 4 school college students came about within the early morning hours of Nov. 13, 2022, and at the least 12 occasions previous to the slayings.
Bryan Kohberger was charged with 4 counts of alleged first-degree homicide and one rely of felony housebreaking in Latah County, Idaho. (Latah County Sheriff’s Workplace)
Investigators decided that the cellphone registered to Kohberger, a former criminology Ph.D. pupil at Washington State University in close by Pullman, pinged on the crime scene round 9 a.m. that very same day. Moreover, prosecutors stated his cellphone was turned off between 2:47 a.m. and 4:48 a.m. on Nov. 13, across the similar time the murders allegedly came about.
All of his prior visits, aside from one, have been within the late night or early morning, in line with the affidavit. Investigators tied the identical cellphone that pinged close to the crime scene to a cellphone “leaving the area of the Kohberger Residence at approximately [9] a.m. and traveling to Moscow, ID,” on Nov. 13, the affidavit states. “Specifically, the 8458 Phone utilized cellular resources that would provide coverage to the King Road Residence between 9:12 a.m. and 9:21 a.m.”
IDAHO JUDGE GIVES BRYAN KOHBERGER WIN OVER GENETIC GENEALOGY BATTLE
Work crews are parked exterior of 1122 King Highway in Moscow, Idaho on Tuesday, June 27, 2023. The property was slated for demolition after the owner donated it to the College of Idaho following the Nov. 13, 2022 murders of scholars Madison Mogen, 21; Kaylee Goncalves, 21; Xana Kernodle, 20; and Ethan Chapin, 20, inside the house. (Derek Shook for Fox Information Digital)
Stewart stated Kohberger’s “uncorroborated alibi isn’t unusual, but it doesn’t prove anything, either.”
“The defense’s intent is to try to create some sort of reasonable doubt. However, Kohberger’s explanation that he happened to be out driving and looking at the moon and stars alone in the middle of the night just isn’t a story that is likely to pass the smell test for reasonable jurors,” the legal professional stated. “It’s not credible, because it won’t make sense to most people.”
IDAHO MURDERS: BRYAN KOHBERGER JUDGE SLAMS DEFENSE QUIZZING LOCALS, SAYS SURVEY ‘CONCERNS’ HIM
David Moorhead, a Colorado-based felony protection legal professional for the Moorhead Regulation Group, instructed Fox Information Digital that “[w]hile late-night stargazing drives aren’t inherently unusual, the defense needs to prove this was a regular habit for Kohberger.”
Bryan Kohberger and his alleged victims, clockwise from high left, Madison Mogen, Ethan Chapin, Xana 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 likely challenge this by looking for inconsistencies or arguing he could have still committed the crime within the timeframe of his drive,” Moorhead stated.
Roger V. Archibald, a New York-based felony protection lawyer, equally instructed Fox Information Digital that “[a] strong alibi is commonly seen as one involving testimony of a credible disinterested witness with time stamped documentation such as video footage, photos or phone or GPS records that place the defendant away from the crime scene.”
“However, most non-offenders are not able to provide credible alibis of this nature, as they may have been alone or in an undocumented space during the time of the crime,” he added. “So although Kohberger’s alibi sounds unusually weak, and would be considered such in a court of law, it is not unusual when considered within the context of his daily life.”
A break up photograph exhibiting the crime scene and the victims, together with College of Idaho college students Ethan Chapin, 20; Xana Kernodle, 20; Madison Mogen, 21; and Kaylee Goncalves, 21. (Angela Palermo/Idaho Statesman/Tribune Information Service through Getty Pictures/Instagram/ @kayleegoncalves)
In an announcement posted to Fb, Kaylee Goncalves’ household stated they’ve “been waiting on this [alibi] information for months and it has finally arrived.”
“Now that it is here we feel even more confident in the prosecution of the Defendant. The Defense’s claim is that the Defendant was driving late at night hiking/running and stargazing. We are not sure why it has taken over a year for this to come out as those don’t seem to be complicated activities,” the household stated. “We believe that if this alibi had any weight it would have been submitted months ago. It is also in direct conflict with the Probable Cause affidavit that states that the Defendant’s phone was turned off between 2:47am and 4:48am.
“We consider that if this alibi had any weight it will have been submitted months in the past. “
“So if the Defendant was driving round and there may be mobile phone info that he was in a distinct place it will be both earlier than or after the occasions of the murders. Therefore probably not an alibi. We proceed to sit up for justice on this case and may now put this a part of the continuing behind us. Thanks for all of your help for our household!”
Kaylee Goncalves, one of four University of Idaho students found murdered in a home near campus. (Facebook)
SIGN UP TO GET TRUE CRIME NEWSLETTER
The family went on to say that Kohberger’s claims are “probably not an alibi” because of conflicting data about when Kohberger’s cellphone was turned on and his location.
Bryan Kohberger, right, who is accused of killing four University of Idaho students in November 2022, sits with Anne Taylor, left, one of his attorneys, during a hearing in Latah County District Court, Wednesday, Sept. 13, 2023, in Moscow, Idaho. (AP Photo/Ted S. Warren, Pool)
CLICK HERE TO GET THE FOX NEWS APP
Authorities arrested Kohberger at his parents’ home in Pennsylvania in December 2022, about a month after the murders. He is charged with four counts of murder and burglary.
His trial was initially scheduled for October 2024 but was pushed back and is now expected to take place no later than the summer of 2025. Prosecutors are seeking the death penalty.
Fox News’ Louis Casiano and Michael Ruiz contributed to this report.
