Idaho murders judge rules on whether Bryan Kohberger can keep 'alternate' suspect secret

Daily Mail​

7 days ago

's apparent evidence pointing to an alternate killer in the murders of four University of Idaho students has been sealed, shrouding the bombshell allegations in secrecy.
Judge Steven Hippler granted a request from the accused killer's defense team this week to keep its filing 'in Support of Offer of Proof RE: Alternate Perpetrators and its supporting exhibits' sealed.
As it stands, the identity of this suspect or suspects and what evidence the defense has that could tie them to the brutal murders remains a mystery.
It also remains to be seen whether or not the judge will allow the defense to present these claims to the jury at his capital murder trial - and so whether or not the public will ever learn the answers to those questions.
Kohberger is due to go on trial this August charged with the November 13, 2022, murders of Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin in a horrific crime that shocked the nation.
The suspect is accused of breaking into a three-story, off-campus home in the heart of the college town of Moscow, Idaho, and stabbing the victims to death.
Two other roommates survived, with one of them coming face-to-face with the masked killer moments after the attack.
Now, in an explosive 11th-hour move just three months before his trial, Kohberger's lawyers claim to have identified an alternate suspect they say could be the real killer.
Based on comments made by his attorneys, the alternate suspect appears to be someone who did crop up during the initial police inquiries.
In a hearing on April 9, Kohberger's lead attorney Anne Taylor told the court she had found a lead on another suspect buried among a trove of tips collected by police.
She also previously revealed the defense's plans to argue Kohberger was framed by someone planting his DNA at the crime scene - and that two people must have committed the crime using two weapons.
Judge Steven Hippler gave the defense a deadline of May 23 to hand over evidence to support the claims.
'Provide me with whatever actual evidence you have that supports those allegations, other than just allegations,' he said in a May 15 hearing.
'And two, provide for me how it is you believe that what you're offering is admissible. It seemed to me much of what you had put in there was fairly… potentially fairly objectionable in terms of… admissibility. So, I would like to see that.'
Court records show the documents were filed by May 23 under seal.
Now, the prosecution has until June 6 to respond to the claims before a court hearing is held later that month.
Then, the judge will decide if the defense can present this alternate suspect at the trial.
Experts told the Daily Mail that the theory could have a 'significant impact' on the trial if jurors hear it.
'Ultimately, the jury has to be unanimous… if you convince just one juror that there is a reasonable alternative suspect, he walks,' criminal defense attorney David Seltzer said.
He believes the idea could provide a powerful story to counter the more technical prosecution case.
Seltzer continued: 'The state's problem is it's a DNA trial, and DNA trials are boring. They're not engaging because people don't understand the science of DNA.'
Kohberger was connected to the murders after his DNA was found on a Ka-Bar leather knife sheath at the scene.
Prosecutors also found cellphone records placing him outside the student home multiple times prior to the murders, as well as surveillance footage showing a vehicle matching his car speeding away.
For a jury, the idea of an alternate suspect 'is something you can hold on to, that here's somebody else who did the crime'.
The significant move comes as the defense is also trying to delay the trial altogether - citing a recent Dateline episode that revealed bombshell new details about the case.
The show revealed the suspected killer's phone records, porn choices and online searches for Ted Bundy.
It also aired never-before-seen surveillance footage of a suspect vehicle fleeing the horrific crime scene on November 13, 2022.
Days after the show aired, Judge Steven Hippler handed down a scathing court order saying that the release of 'sensitive information' in the episode shows that someone close to the case has 'likely' violated the gag order.
He warned that this could make it more difficult to seat an impartial jury when Kohberger goes on trial for his life this August - something that those close to the victims described as 'a distraction.'
The judge ordered an investigation into the leak, vowing to root out the source and hold the culprit to account.
Both sides were ordered to preserve all records around the case and to hand over a list of names of everyone who might have had access to the information revealed on the show, including staff members, law enforcement officers and defense consultants.
New court filings reveal that both the defense and prosecution have now handed over these records.
In other filings, the defense also asked the judge to allow witnesses who may testify in the penalty phase of the trial - if Kohberger is convicted - to attend the trial phase.
Typically, witnesses cannot attend a criminal trial until after they have taken the stand to prevent their testimony being shaped by what they hear.
But, the defense asked that these mitigation witnesses - who will only testify if he is convicted - be excluded from this requirement.
The judge has already made an exception for Kohberger's immediate family members so that they can support him inside the courtroom for every day of his high-profile trial - even before they are called to the stand to testify against him.
Prosecutors plan to call some of Kohberger's family members - father Michael, mother MaryAnn and two older sisters Amanda and Melissa - as witnesses for the state.
Another newly-released court order provides further information about the jury selection process.
The judge revealed that, before voir dire begins - where potential jurors are questioned about their impartiality as part of the selection process - questionnaires will be distributed to and completed by jurors at the Ada County Courthouse.
'In order to maximize courtroom space and efficiency of this process, and because the distribution of questionnaires is an administrative function, observation of this process is limited to Counsel and the Defendant,' the order states.
The judge plans to have eight alternate jurors - as opposed to the typical number of six - taking the full panel up to 20.
Jury selection is slated to begin in late July or early August, with the trial getting underway August 11.
If convicted, Kohberger faces the death penalty.