Idaho murder suspect Bryan Kohberger is expected to return to court this week ahead of a summer manslaughter trial in the November 2022 deaths of four University of Idaho students.
Thursday’s hearing will consider 12 requests for a restraining order filed by Kohberger’s defense.
It will be Kohberger’s first time back on the court in more than two months, when his defense team the Boise judge asked to “sanction” plaintiffs for “inadequate disclosure” through the discovery process.
As a solution, his defense requests the exemption of the expert witness.
BRYAN KOHBERGER’S DEFENSE WANTS DELAYED PUNISHMENT BECAUSE OF DELAYED
Bryan Kohberger, accused of murdering four University of Idaho students in November 2022, enters a courtroom for a hearing in Latah County on September 13, 2023 in Moscow, Idaho. (AP Photo/Ted S. Warren, Pool)
His team is trying to throw out almost all the evidence police gathered against Kohberger, challenging the legality of the search warrant.
They argue that the probable cause upon which the search warrants were based was established primarily by police use of investigative genetic genealogy (IGG), which they believe violated Kohberger’s Fourth Amendment rights.
IDAHO MURDER: BRYAN KOHBERGER INVESTIGATED FOR ANOTHER HOME INVASION BEFORE CAMPUS MURDER
IGG is a relatively new approach that allows police to build a suspect’s family tree by comparing DNA found at a crime scene to public databases filled with voluntarily submitted DNA from people trying to trace their origins.
Another point his defense argues is that the search warrants were overly broad, particularly during searches of electronic devices, such as Kohberger’s phone, laptop and Internet accounts.
IDAHO PROSECUTORS REJECT MANY OF BRYAN KOHBERGER’S SEARCH WARRANT ATTACKS
Bryan Kohberger’s booking photo with insets of his alleged victims. (Monroe County Prison/Instagram)
The hearing will also discuss the motion for forced discovery, with Kohberger’s defense claiming that it has not been presented with all the reports, research and data that the prosecution’s experts will rely on when testifying at trial.
The court set Friday if all claims are not covered by close of business on Thursday.
Kohberger faces four charges of first degree murder and felony burglary in the stabbings of University of Idaho students Madison Mogen, 21, Kaylee Goncalves, 21, Xana Kernodle, 20, and Ethan Chapin, 20.
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All four students were killed in the 4 a.m. attack in a six-bedroom house just steps from campus on November 13, 2022.
Prosecutors claim he snuck into the house while some of them were sleeping and killed them with a large knife.
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Bryan Kohberger attends a status hearing in Latah County Circuit Court in Moscow, Idaho on January 12, 2023. (Kai Eiselein/Pool via Reuters)
Two housemates survived, including one who told police she saw a masked man with “shaggy eyebrows” come out the back door after hearing the sounds of a struggle.
Police found a Ka-Bar knife sheath under Mogen’s body that prosecutors say contained Kohberger’s DNA. Kohberger was driving a white Hyundai Elantra, the same type of car investigators identified as the suspect’s vehicle, and allegedly turned off his phone before leaving the scene of the crime, according to the affidavit.
The police, referring to phone records, also stated that he had stalked the victims’ homes ten times before murders and took another ride hours after.
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At the time of the murders, Kohberger was studying for a Ph.D. in criminology nearby Washington State Universityabout 10 miles across the state line.
A judge entered a not guilty plea on Kohberger’s behalf at his trial in May 2023.
Kohberger is being held without bail and could face a capital punishment if convicted.
Fox News Digital’s Michael Ruiz contributed to this report.
Stepheny Price is a writer for Fox News Digital and Fox Business. Tips and story ideas can be sent to stepheny.price@fox.com
