Bryan Kohberger alibi: He was driving late at night, alone
BOISE, Idaho (CBS2) — An Attorney for Bryan Kohberger claims he was driving alone, late at night, at the time of the killings of four University of Idaho students.
Through his defense attorney Anne Taylor, Kohberger has responded to the state's motion to compel a "motive of defense of alibi," or in other words to compel the defendant to reveal his alibi now if he has one.
Kohberger is accused of killing four University of Idaho students in an off-campus home on November 12, 2022.
Taylor writes in a response that Kohberger has a long habit of driving alone at night, and was allegedly on a long drive the night of November 12, 2022, well into the early morning of November 13th. Kohberger cannot point to any specific witnesses to corroborate where or when he was, other than to say he could not have been at the King St. house because he was out driving, apparently nowhere in particular.
Taylor writes that she is aware that current case law broadens the definition of "alibi" to a specific location and more broadly includes information that tends to state the person claiming alibi was at a place other than the location of the offense and with witnesses that can corroborate that alibi.
While the objection does state that Kohberger was out driving alone that night, it appears that no one at this time can currently corroborate when or where he was on the night of the quadruple homicide. Taylor states in the objection that they believe that either through cross-examining state's witnesses or through expert witnesses called by the defense at trial.
The objection does take specific note of the defense's apparent annoyance with the state for opting to use a grand jury to indict Kohberger, rather than a scheduled preliminary hearing, saying that "The state chose a secret grand jury rather than the planned preliminary hearing. Had the state moved forward with the preliminary hearing, the defense would have had the opportunity to develop testimony through cross-examination and witness presentation."
Apparently, this is as close as Kohberger can come to providing an alibi at this time, however, the defense does say in the objection that he would be willing to participate in an 'ex parte' hearing with the court. Ex parte is Latin, meaning for one party, seemingly alluding that he would be willing to share more details with the court if the prosecution is not present, provided the court grants Kohberger's request to be excepted from further inquiry from the state pre-trial.
We will update this story once the court makes a ruling and with any further developments.
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