Bryan Kohberger defense spars with state over DNA evidence in ongoing Idaho court hearing

MOSCOW (Idaho Statesman) — Debate about whether prosecutors in the Bryan Kohberger case should hand over to the defense all DNA records used to identify the murder suspect dominated the beginning of a pretrial hearing held Friday in Moscow.

Kohberger, 28, attending Friday’s hearing wearing a light blue suit and striped tie, stands accused of murdering four University of Idaho students in November at an off-campus home on King Road in Moscow. At the time, Kohberger was a graduate student of criminal justice and criminology at Washington State University in Pullman, Washington, roughly 9 miles from the Idaho border.

With approval from Judge John Judge of Idaho’s 2nd Judicial District in Latah County, the defense called two of four scheduled expert witnesses for testimony during more than three hours of the morning session Friday. The prosecution, led by Ingrid Batey and Jeff Nye, Idaho deputy attorneys general, had objected to three of the experts largely on procedural grounds in the state’s effort to withhold information about the use of investigative genetic genealogy, or IGG.

The prosecution, led by Latah County Prosecutor Bill Thompson, has resisted the defense’s motions to compel release of the records, arguing that Idaho’s rules for discovery do not require delivery of the materials to the defense. In June, the prosecution requested a protective order from the judge to restrict giving up the records related to the advanced DNA technique, which Thompson has acknowledged initially led investigators to Kohberger.

Judge agreed not to allow testimony from the witnesses about their opinions about Idaho’s discovery rules, but permitted questioning to move forward, specifically about the IGG process. Given Kohberger faces the death penalty if convicted, Judge said he felt it important to hear the testimony to help him decide whether the state must produce the records for the defense.

“It’s especially important in a case like this to have a record, for appeal,” Judge said. “So I’m not saying one way or the other how this might fall, but I think it’s important to preserve the record.”

Judge could decide on the issue of what DNA records the prosecution must turn over in discovery as early as Friday.

Kohberger faces four counts of first-degree murder and one count of felony burglary. When asked for a plea at his arraignment in May, Kohberger chose to stand silent, leading Judge to enter a plea of not guilty.

The four victims were seniors Madison Mogen and Kaylee Goncavles, both 21; and junior Xana Kernodle and freshman Ethan Chapin, both 20. The three women lived at the King Road home with two other housemates who went unharmed in the Nov. 13 attack. Chapin was Kernodle’s boyfriend and staying over for the night.

CRIMINAL DEFENSE, IGG EXPERTS TESTIFY

First up Friday, the defense called Stephen Mercer, a longtime criminal defense attorney in Maryland with specialization in scientific evidence and DNA databases. He testified that release of IGG records in cases where it has been used is the “minimum practice standard,” so a defense team can mount an effective case on behalf of its client.

“The attorney must obtain discovery of the scientific testing of the evidence sampled,” Mercer said. “And that is particularly so in a capital case. Particularly an environmental sample of trace DNA is absolutely crucial, because it informs the scope of the investigation and the experts to get.”

Dr. Leah Larkin, a California-based IGG expert, then offered a detailed breakdown of scientific terminology, including through a presentation that explained the process of producing family trees through DNA evidence. The FBI built such a family tree to identify Kohberger, then passing a tip to state and local detectives to investigate him, the prosecution has said in court filings.

Additional motions were scheduled for the Friday hearing, expected to be heard in the afternoon session. The motions include whether Kohberger’s defense must submit an alibi ahead of trial and whether a stay in proceedings — already granted by Judge on a limited basis — should move forward based on the state’s delay in turning over grand jury indictment records.

Kohberger’s trial is scheduled to begin Oct. 2 at the Latah County Courthouse and last up to six weeks. If he is convicted, prosecutors intend to seek the death penalty.