A defense investigator working on the Bryan Kohberger murder trial has filed a court document claiming that a surviving housemate who was in the home when her four roommates were killed has exculpatory evidence that is necessary to his defense.
Kohberger, a former criminology Ph.D. student is accused of fatally stabbing four of the six people inside an off-campus home on November 13, 2022.
The survivor, named in a Nevada court filing as Bethany Funke, 21, allegedly heard or saw things that could exonerate Kohberger.
Investigator RIchard Bitonti, who is working for Anne Taylor, Kohberger’s court-appointed attorney, has now subpoenaed Funke to appear on June 28, and if she refuses to appear, could face a potential fine of $500 or 25 days in jail.
Kohberger’s defense team aims to challenge the probable cause used to justify his arrest at his scheduled preliminary hearing in June and claim Funke has ‘exculpatory’ information that is ‘material and necessary’ to the alleged killer’s defense.
“During the course of my investigation, it became known to me that [she] has information material to the charges against Mr. Kohberger,” Bitonti wrote in an affivdavit.
Bethany Funke (pictured) and surviving Idaho university roommmate is fighting a court order for her to testify for quadruple murder suspect Bryan Kohberger.
It was Funke who found the bloodied bodies of her three housemates and she has argued she should not have to appear because she now lives in Nevada, not Idaho.
Through her lawyers she slapped down the ‘foreign subpoena’ and said a judge must have a hearing before Funke can be required to testify.
Madison Mogen, 21, Kaylee Goncalves, 21, Xana Kernodle, 20 and Kernodle’s boyfriend, Ethan Chapin, 20, were allegedly murdered by Kohberger in November.
One of the two survivors allegedly heard a commotion and witnessed a masked man exit through a rear sliding door, according to a police affidavit.
The second survivor, in this case Funke, is alleged to have heard or saw things that could clear the suspect, according to Bitonti’s affidavit.
Bitonti argues that the information Funke possess is unique to her experience and cannot be provided by another witness.
Kohberger’s defense is now asking the court to compel her to provide testimony at his scheduled preliminary hearing in June, as they hope to challenge the probable cause used to justify his arrest.
Kohberger, 28 was charged with four counts of first-degree murder and burglary in late December. He has not yet entered a plea in the quadruple homicide. His next court date is June 26 for a probable cause hearing.
Funke was issued a subpoenaed by Kohberger’s defense team to serve as a material witness in the case, with them writing that ‘it is necessary to subpoena her to be a witness.’
But her attorney slammed to move, writing: “There is no authority for an Idaho criminal defendant to summon a Nevada witness to an Idaho matter without a hearing and there is no authority to summon a Nevada witness to an Idaho matter without a Nevada judge making a finding of materiality, necessity and the lack of undue hardship,” she added.
Court documents obtained by DailyMail.com reveal that on April 3 Evelyn Grosenick, Interim Washoe County Public Defender, sought and obtained an ex-parte Foreign Subpoena that was issued to Funke on April 11.
It said Funke was ‘required to appear’ in the Second Judicial District Court of the State of Idaho on June 28 at 8am and for the duration of the trial to testify.
A court filing opposing the subpoena argues that it was improperly filed, and there is no authority for an Idaho criminal defendant to summon a Nevada witness to Idaho for a preliminary hearing.
The law firm representing the surviving roommate has declined to comment, citing a gag order on the case.
(l-r) Dylan Mortenson, Xana Kernodle, Bethany Funke, Kaylee Goncalves and Madison Mogen
Kohberger during a hearing in Latah County District Court on January 5 in Moscow, Idaho
Funke lived on the first-floor of the split-level home with survivor Dylan Mortenson, the second survivor and person who came face-to-face with the killer during the attack
Funke lived on the first-floor of the split-level home with survivor Dylan Mortenson, the second survivor and person who came face-to-face with the killer during the attack.
Her house mates and the murder victims lived on the second and third floors of the home that could only be accessed through a sliding door.
Though police have not revealed where Funke and Mortenson were hours before their roommmates were killed, they confirmed both women got home just after 1am.
Their roommates, who were killed, arrived back at the house at 2am. Funke was also a member of the Pi Beta Phi sorority with Kernodle and Mogen.
Kohberger, 28 was charged with four counts of first-degree murder and burglary in late December.
He has not yet entered a plea in the quadruple homicide. His next court date is June 26 for a probable cause hearing.
The accused murderer and criminal justice major is currently being held in a maximum security cell at Latah County Jail in Moscow, Idaho.
When DailyMail.com contacted Funke’s attorney they were unable to speak due to a court order.
Kohberger, 28 was charged with four counts of first-degree murder and burglary in late December
