Idaho prosecutor dismisses Brian Koberg’s multiple attacks on search warrant

Idaho prosecutors denied a series of motions filed by Bryan Kohberger to attack a search warrant executed in connection with his arrest on suspicion of killing four college students, dissecting the defense’s claims and He told the judge there was “substantial probable cause” to take evidence from his parents’ home, his car, his equipment and other locations.

Latah County Prosecutor Bill Thompson wrote in nine objections to Koberg’s defense that the warrant was “based on substantial probable cause.” Most details remain confidential, but prosecutors asked a judge to deny the defense motion and allow the warrant to stand.

Last month, the defense asked Judge Steven Hippler to suppress DNA evidence and search Kohberger’s devices and digital accounts, his car, his people and his parents’ house.

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Kohberger faces four first-degree murder charges and one felony burglary charge in connection with the early morning massacre of four University of Idaho students around 4 a.m. on Nov. 13, 2022.

Prosecutors accuse him of sneaking into a house near the University of Idaho campus — while some of them were sleeping — and killing them with a large knife. One surviving roommate told detectives she overheard crying and fighting and saw a masked man with “bush eyebrows.”

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The victims were Madison Mogen and Kaylee Goncalves, both 21, and roommates Xana Kernodle, 20, and her boyfriend Ethan Chapin, also 20.

Madison Mogan (top left) smiles on the shoulder of her best friend Kelly Gonsalves as they pose with Ethan Chapin, Xana Kernodle and two other roommates. A final post was posted on Instagram sharing information from the day before four students were stabbed to death. (@kayleegoncalves/instagram)

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Kohberger, Ph.D. in Criminology. The student at nearby Washington State University was arrested weeks later at his parents’ home in Pennsylvania’s Pocono Mountains.

Police found a Kabbah knife scabbard under Morgan’s body, which prosecutors said contained Koberg’s DNA. Koberg, who was driving a white Hyundai Elantra, the same model that investigators identified as the suspect vehicle, allegedly turned off his phone before traveling to and from the crime scene, the affidavit said. Police also cited phone records saying he had stalked the victim’s home more than a dozen times before. murder Drove by again a few hours later.

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In May 2023, at Koberg’s trial, a judge entered a plea of ​​not guilty on his behalf.

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The defense team, led by Anne Tyler, Jay Logsdon and Elisa Mathos, is seeking a hearing for Franks at which they hope the warrant will be dismissed. They previously told the court they “firmly” believed their client was innocent.

Experts told Fox News Digital that such hearings are rarely granted and even less successful.

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John Henry Browne said: “I have practiced law for 52 years and have tried, actually gone to trial and decided over 300 cases, and I think throughout my career I have Franks has been given a hearing three times by a judge. “I don’t think anything came of it in two of them. The third time did result in a judge ultimately dismissing the charges. But these hearings can be very productive. They are very helpful to the defense from a discovery perspective. “

Brian Koberg’s defense attorneys Anne Taylor (left), Elisa Mathos and Jay Logsdon arrive at the Latah County Courthouse in Moscow, Idaho, on June 27, 2023. (Derek Shook, Fox News Digital)

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He told Fox News Digital that if Koberg can prove that investigators intentionally ignored or misrepresented facts in a search warrant affidavit, that information could be excluded from the warrant. On the other hand, however, even if such a long-shot effort succeeds, a judge will weigh whether there is enough probable cause left in the warrant and may find that it still stands.

Shipler previously told Koberg’s team to resubmit a motion for Franks’ hearing and told his attorneys it was unacceptable to send him 2,000 pages of exhibits without determining which parts were relevant to their arguments.

Latah County Prosecutor Bill Thompson during a hearing on a motion for a gag order in the case of Bryan Kohberger in Latah County District Court on Friday, June 9, 2023, in Moscow, Idaho Talking with Wendy Olson (left) and Cory Carone. Kohberger is accused of killing four University of Idaho students in November 2022. (Zach Wilkinson/Moscow Pullman Daily News, AP, Pool)

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A closed hearing was held on December 11.

He is being held without bail and could face the death penalty if convicted. The trial is scheduled to begin next year.