(NEW YORK) — Prosecutors leading the case against Bryan Kohberger are pushing back against his attorneys’ claims that investigators improperly obtained potentially key evidence — and are asking the judge to deny requests to exclude that evidence from trial.
In a series of highly-technical filings posted late Thursday, prosecutors said that the searches of Kohberger’s person and belongings, including his car, phone records, Apple accounts and homes, were appropriate. They noted the “burden of proof is on the defendant to show that the search was invalid.”
Kohberger, a former criminology Ph.D. student at Washington State University, was charged with four counts of first-degree murder and one count of burglary, in connection with the fatal stabbing of four University of Idaho students — Kaylee Goncalves, 21, Madison Mogen, 21, Xana Kernodle, 20, and Ethan Chapin, 20 — in an off-campus house in the early hours of Nov. 13, 2022.
A not guilty plea was entered on his behalf. The trial is scheduled for August 2025.
Lawyers for Kohberger have accused investigators of an overbroad attempt to build their case, arguing their search warrants cast too wide a net. But prosecutors, responding on Thursday to the defense’s lengthy series of motions posted Nov. 15, contend that taken together with other elements of the case, their probe for evidence was “sufficiently particular and valid” and “considering the information available” at the time, the Moscow detective seeking the information “could not reasonably narrow the scope further.”
The “warrant must allow the searcher to reasonably ascertain and identify the things which are authorized to be seized,” wrote Senior Deputy Prosecuting Attorney Ashley Jennings, citing legal precedent. She added, “broad language may be permissible where the warrant constrains the search to evidence of a specific crime.”
“The rationale is that ‘criminals don’t advertise where they keep evidence,'” prosecutors wrote. And since the potential evidence they sought “could be located in multiple formats and areas,” particularly electronic data, prosecutors here said, a wide enough investigative aperture is necessary.
“Applied to electronic devices ‘criminals can — and often do — hide, mislabel, or manipulate files to conceal criminal activity [such that] a broad, expansive search of the [device] may be required,'” prosecutors wrote, again citing legal precedent.
Jennings said the “seizure of items was limited to” the crime Kohberger is accused of committing — the killings of Madison Mogen, Kaylee Goncalves, Xana Kernodle, and Ethan Chapin in their off-campus home.
And though Kohberger has a right to privacy, that right does not shield criminal conduct, prosecutors said. In fact, it is because he had that right that they sought, and obtained, search warrants, they said.
Though the man accused of stabbing to death four college students in Nov. 2022 indeed “had a reasonable expectation of privacy in his vehicle located at his parents’ residence,” there was “substantial probable cause” to search it, prosecutors said. And Kohberger also had a “privacy interest” in his AT&T account and phone records — and “as such, the State sought and was granted a search warrant to review those records.”
The Thursday filings were accompanied by a series of requests to seal corresponding exhibits meant to bolster prosecutors’ argument.
Prosecutors didn’t include in Thursday’s filings an extensive address of Kohberger’s challenge to DNA evidence, or the search of his Amazon account.
Judge Steven Hippler, who is now overseeing the case in Boise, has not yet scheduled a public hearing on the matter.
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