Bryan Kohberger, a quadruple murder suspect, had his request to dismiss the indictment against him denied by an Idaho judge.
However, the judge granted Kohberger a victory by granting his request for an in-camera review of the IGG evidence to determine what should be shared with the defense.
Kohberger is seeking details about how investigative genetic genealogy (IGG) was used to identify him as a suspect.
NEW: Idaho student murders suspect Bryan Kohberger back in court to ask to dismiss indictment – @jake_karalexis on @fox32news from Moscow, Idaho pic.twitter.com/CKgwt3r9jf
— Fox News MMR (@FoxNewsMMR) October 26, 2023
Defense attorneys argue that all prosecution evidence should be open, while prosecutors claim that the IGG evidence is irrelevant to obtaining warrants.
Kohberger is accused of killing Madison Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin in a 4 a.m. ambush in an off-campus rental home.
Judge John Judge will look at all of the IGG evidence in the possession of the Latah County Prosecutor’s Office and the FBI and determine what should be shared with the defense.
“I have a HUGE issue with this,” Edwina Elcox, a Boise-based defense attorney, said. “As a former prosecutor, I am of the position that the prosecution’s file should be absolutely open.”
Latest on Bryan Kohberger hearings from snowy Idaho tonight.
The first snow is a reminder that it has now been almost a year since the murders. pic.twitter.com/K3V8bOGhHd— Brian Entin (@BrianEntin) October 27, 2023
“Anything should be fair game for defense,” she added. “Maybe it’s useful, maybe it’s not – but it shouldn’t be for the judge to decide.”
“The state’s argument that the IGG investigation is wholly irrelevant since it was not used in obtaining any warrants and will not be used at trial is well supported,” Judge wrote.
“Nonetheless, Kohberger is entitled to view at least some of the IGG information in preparing his defense, even if it may ultimately be found to be irrelevant.”
The field of genealogy has been increasingly used by law enforcement to solve cold cases.
Both the prosecution and defense are under a gag order, and Kohberger is being held without bail on charges of first-degree murder.
He could face the death penalty if convicted.
