Bryan Kohberger's attorney plans to argue two motions at a hearing on Friday, one of which could alter his defense in the case.
Kohberger, 28, is accused of breaking into a rental home in Moscow, Idaho, in the early hours of November 13, 2022, and fatally stabbing Kaylee Goncalves, 21, Madison Mogen, 21, Xana Kernodle, 20 and Ethan Chapin, 20. At the time of the killings, he was a Ph.D. student at Washington State University in nearby Pullman.
In May, Kohberger's attorneys entered a not guilty plea on behalf of their client. They have since argued that Kohberger was driving alone on the night of the murders, noting that he drove alone often.
In a hearing on Friday, his attorneys will argue two motions: a motion to stay the trial and a motion to compel prosecutors to share certain evidence. The judge's decision on whether to grant the motions or not holds a big impact on the outcome of Kohberger's trial.
The motion to compel is an attempt by the defense to persuade prosecutors to share various evidence, such as all communication between lab personnel and any other party related to biological testing in the case, all documents related to genetic and genealogical testing, including documents related to samples from "unknown" males that were identified in the reports, any logs related to unexpected DNA results and "corrective actions" and other requests.
Palm Beach County, Florida State Attorney Dave Aronberg told Newsweek he expects the judge will grant a portion of this request, although it is uncertain which part.
However, if the judge denies the motion to compel, it would be a "big loss" for the defense, according to Aronberg.
"They don't really have much else. That DNA evidence is damning, and [the defense] has to come up with some sort of explanation. Faulty testing and collection is a common defense, but they need to have access [to the evidence]," Aronberg said. "They want details so they can punch holes in it."
Police recovered DNA samples from the Kohberger family home in Pennsylvania on December 27, 2022, and a subsequent DNA report concluded that "a DNA profile obtained from the trash and the DNA profile obtained from the sheath, identified a male as not being excluded as the biological father of Suspect Profile."
The affidavit added: "At least 99.9998% of the male population would be expected to be excluded from the possibility of being the suspect's biological father."
In the motion to stay, Kohberger's defense team is attempting to postpone the trial on the argument that a possible error occurred in the grand jury selection process. Aronberg said the judge will most likely grant this motion considering the severity of the charges.
"Judges give great deference to defense requests for more time in a case like this...to make sure the defense has all the time they need when their client's life is at stake," Aronberg told Newsweek.
Prosecutors announced in June that if Kohberger is found guilty they would be seeking the death penalty. He could face death by firing squad.
The defense could be pursuing aggressive pre-trial litigation because the state is seeking the death penalty, Court TV reported.
