Expert questions Kohberger potential alibi defense strategy

The man accused of killing four Idaho college students could present an alibi at his upcoming trial, according to a new court filing.

Attorneys for Bryan Kohberger, 28, filed a response to prosecutors demand that he provide a notice of alibi as required by Idaho statute. Kohberger pleaded not guilty to a burglary charge and the murders of Maddie Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin.

“Mr. Kohberger’s defense team continues investigating and preparing his case,” public defender Anne Taylor wrote. “Evidence corroborating Mr. Kohberger being at a location other than the King Road address will be disclosed pursuant to discovery and evidentiary rules as well as statutory requirements.”

Taylor also wrote that evidence of an alibi “may be offered” through cross-examination of state’s witnesses and defense experts.

Bryan Kohberger, left, who is accused of killing four University of Idaho students in November 2022, looks toward his attorney, public defender Anne Taylor, right, during a hearing in Latah County District Court, Thursday, Jan. 5, 2023, in Moscow, Idaho. (AP Photo/Ted S. Warren, Pool)

‘Burden kind of shifts’

“Once you start trying to prove an alibi, you better be able to prove that your client was in a spaceship circling Mars at the time of the incident,” said high-profile defense attorney Fred Perri. “Otherwise, the government’s going to punch a lot of holes in your case.”

Perri represented defendants charged with serious crimes such as rappers Beanie Sigel and Cassidy.

Perri discussed Kohberger’s filing and the challenges of presenting an alibi defense in an episode of Law&Crime’s Sidebar podcast.

“Once you start the process of trying to have to prove something, the burden kind of shifts,” Perri said. “From what I’ve seen in these filings, it’s clear to me that they simply don’t have an alibi. But they’re complying with the rules of criminal procedure for that jurisdiction.”

The State’s Evidence 

Prosecutors admitted publicly last month that they used Investigative Genetic Genealogy to identify Kohberger as a suspect. Kohberger’s DNA was found on a snap of a Ka-Bar knife sheath found under a comforter next to Mogen’s body, according to a a recent filing.

Moscow Police Det. Brett Payne wrote in an affidavit the murders occurred between 4 a.m. and 4:25 a.m. on November 13, 2022.

Payne also stated Kohberger’s cell phone was inactive for a two-hour period that covers that time.

A surviving roommate told police she saw a man in black walking through the home and heard crying. The roommate told police she heard a man saying “It’s OK. I’m going to help you”, according to the affidavit.