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Bryan Kohberger's lawyers say they need key FBI and police files related to Kohberger's cell phone records and white Hyundai Elantra due to 'heightened standard' of death penalty trial

Jun 28, 2023, 09:19 IST
Insider
Bryan Kohberger enters during a hearing in Latah County District Court on January 5, 2023, in Moscow, Idaho.Pool/Getty Images
  • Bryan Kohberger's public defender asked a judge to turn over key police and FBI files.
  • Kohberger's defense team said that the files would allow them to determine how Kohberger was linked to a white Hyundai.
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Defense attorneys representing Bryan Kohberger asked for key police and FBI files during a Tuesday hearing, arguing that they needed more information about how Kohberger was charged with the killings of four University of Idaho students last November.

At a Tuesday hearing captured by Court TV, Anne Taylor, a public defender representing Kohberger acknowledged that her client is now staring down the barrel of a high-stakes death penalty trial, and asked for key law enforcement files she said that she needed to build her case.

"There's a heightened standard now that the state has filed a notice of intent to seek the death penalty," Taylor said.

On Tuesday, Taylor said that her team needed the training records of three Idaho police officers who interviewed "critical" witnesses in relation to the killings.

Kohberger's defense also asked for FBI files related to Kohberger, including a report where an agency examiner told local police to search for a white Hyundai Elantra, and to pull Kohberger's cell phone records.

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Taylor said that the police records would allow her team to determine the investigatory process behind a probable cause affidavit that helped link Kohberger to the crimes, and would help her team present their defense.

Kohberger, who wore a black suit, stared straight ahead during the hearing, glancing at his attorney as she requested evidence.

Idaho prosecutors said they would need weeks to source the documents, and added they had turned over 13,000 pages of reports, 13,000 photos, 10,000 tips, as well as 51 terabytes of case files to Kohberger's team.

In a Monday filing, prosecutors argued that Kohberger deserved the death penalty, arguing that his alleged crimes were "especially heinous," showing "utter disregard for human life."

"The defendant, by his conduct, whether that conduct was before, during or after the commission of the murder at hand, has exhibited a propensity to commit murder which will probably constitute a continuing threat to society," the Monday filing stated.

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In May, Kohberger was indicted on four counts of first degree murder, and a count of burglary, in relation to the November 2022 stabbing killings of Kaylee Goncalves, Xana Kernodle, Ethan Chapin, and Madison Mogen, who were all students at the University of Idaho.

Judge John C. Judge did not rule on the motion during the Tuesday hearing. Kohberger is expected to stand trial in October.

Since November, prosecutors have served search warrants on Kohberger, to determine whether he was connected to the victims on social media, or elsewhere.

If convicted, Kohberger could face death by firing squad, as a new law is set to take effect in Idaho on July 1.

In Idaho, jurors must issue a unanimous conviction for the death penalty to be authorized, and if there is a hung jury or single juror in opposition, a life sentence is instead issued.

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The Latah County Prosecutor's Office could not be immediately reached by Insider for comment.

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