Idaho quadruple-murder suspect Bryan Kohberger recently filed a response to the state's demand to provide an alibi, prompting speculation on a possible defense strategy, including witnesses that could be called to his trial.
On Monday, Anne Taylor, Kohberger's attorney and public defender in Kootenai County, Idaho, filed a court document saying that evidence will soon be provided to show that Kohberger was not at the off-campus residence at 1122 King Road on the night that four college students were killed.
"It is anticipated this evidence may be offered by way of cross-examination of witnesses produced by the State as well as calling expert witnesses," the document said.
Neama Rahmani, president of West Coast Trial Lawyers and former federal prosecutor, told Newsweek that "If Kohberger had an alibi witness, it would probably have been leaked by now despite the gag order. It's the biggest murder case in the country right now."
Rahmani went on to detail that Kohberger's defense team will likely use evidence relating to cell towers and pings from his phone to argue that he was not at the home at the time of the slayings. "The prosecution will argue that it was off, in airplane mode, or intentionally left behind, and the cell site evidence does show Kohberger's phone leaving Washington state and traveling to Idaho," Rahmani said.
Kohberger, 28, has been charged with four counts of first-degree murder and one count of felony burglary in the fatal stabbings of Kaylee Goncalves, 21, Madison Mogen, 21, Ethan Chapin, 20, and Xana Kernodle, 20.
During his arraignment, Kohberger "stood silent," allowing the judge to enter not-guilty pleas for each of the charges against him.
Michael McAuliffe, an elected state attorney in Florida and former federal prosecutor, told Newsweek that the prosecution will likely respond to Kohberger's alibi filing by saying it's "deficient."
"The court will need to evaluate whether the defendant must disclose more detailed information regarding any affirmative assertion that the defendant was at a different location at the time of the murders," McAuliffe told Newsweek. "While certain questions on cross-examination that simply test the state's evidence may well not be considered alibi evidence, if the defendant seeks to introduce substantive evidence of the defendant being at a different place at the time of the murders, the court could require further timely disclosure from the defense to the government."
Prior to the alibi filing, Latah County Prosecutor Bill Thompson announced that the state was planning to seek the death penalty for Kohberger.
Newsweek has previously reached out to Taylor via email for comment.
