Brian Koberger’s defense team will try to persuade an Idaho judge to drop four murder charges against him in two hearings Thursday.
The 28-year-old, who holds a master’s degree in criminal justice, is accused of killing four University of Idaho students in a 4 a.m. home invasion attack days before Thanksgiving last year.
Pennsylvania State Police arrested Koberger at his parents’ home in the Poconos about seven weeks after the massacre. But in August, Koberger’s attorneys alleged grand jury bias, “inadmissible” and insufficient evidence, and prosecutorial misconduct.
Experts told Fox News Digital that this is a routine move but rarely successful.
Brian Koberger secretly alleges 24 flaws in Idaho murder indictment in latest motion to dismiss
Brian Koberger enters the courtroom for a hearing at the Rutter County Courthouse on June 27, 2023 in Moscow, Idaho. (August Frank/Poole, via Reuters)
“A motion to dismiss is something every defense attorney does before trial,” David Gellman, a Philadelphia-area criminal defense attorney and former prosecutor, told Fox News Digital. “If a lawyer doesn’t file this claim, regardless of whether it has merit or not, they are essentially committing medical malpractice.”
Legal experts say Koberger’s claims go too far in this case.
“The defense motion raises baseless arguments and has no chance of success,” Neema Rahmani, a Los Angeles-based trial lawyer and former federal prosecutor, told FOX News Digital.
He said that in addition to flaws in Koberger’s case, prosecutors have a trove of both direct and circumstantial evidence to prove probable cause.
“This is an attempt by the defense team to ‘Long Live Mary’ and create further appellate issues if Mr. Koberger is convicted and sentenced to death,” he said.
Brian Koberger, who is accused of killing four University of Idaho students in November 2022, speaks during a hearing in Moscow, Idaho, on September 13, 2023, one of his attorneys, Ann Taylor, said. I will sit with you. (AP Photo/Ted S. Warren, Pool)
Judge John Judge is scheduled to oversee two hearings Thursday, one held behind closed doors to address grand jury motions that must be kept secret, and a public hearing on Mr. Koberger’s other claims. will be carried out subsequently. Experts do not expect the defense to be successful in either case.
“They have no legitimate challenge to the reduced grand jury and the actual grand jury process,” said Boise defense attorney Edwina Elcox, who previously represented “Cult Mom” Lori. “We need to present to the judge actual, concrete evidence that it exists.” Barrow. “Legal speculation and theory alone are not enough.”
Even if the defense were successful, the case would not be resolved, she said.
Judge sets life-or-death deadline in Brian Koberger student murder trial
Judge John C. Judge speaks during the hearing for defendant Brian Koberger in Latah County District Court on September 13, 2023 in Moscow, Idaho. (AP Photo/Ted S. Warren, Pool)
Prosecutors still have a chance to convince the judge at the preliminary hearing or secure new charges.
“The defense is working on everything possible,” Coach Germán said. “A grand jury can indict a ham sandwich. All the prosecutor has to show is the facts. The defense doesn’t have a chance to present anything. That’s why it’s so easy to indict someone.”
Police identified the students as Kaylee Gonsalves, 21, Madison Morgen, 21, Zana Kernodle, 20, and Ethan Chapin, 20.
All four had been stabbed multiple times. Some were asleep when the massacre began. Investigators said a knife sheath containing Koberger’s DNA was found under Morgen’s body.
Brian Koberger and his alleged victims, clockwise from top left: Madison Morgen, Ethan Chapin, Zana Kernodle, and Kaylee Gonsalves. (WSU/Instagram)
Koberger attended nearby Washington State University to pursue a Ph.D. The suspect, who is a criminology major, drove a white Hyundai Elantra, the same type of vehicle that investigators identified as the suspect vehicle, and turned off his cellphone before commuting to and from the crime scene, according to the affidavit. It is said that he had been cut.
Citing phone records, police also claimed that he stalked the victim’s home more than a dozen times before the murder and drove by again several hours later.
CLICK HERE TO GET THE FOX NEWS APP
A judge entered a not guilty plea on Koberger’s behalf at his arraignment in May. Koberger previously said through his public defender during his arrest in Pennsylvania that he looked forward to his acquittal.
He is charged with four counts of first-degree murder and felony robbery. If he is convicted, the maximum sentence could be the death penalty, possibly by firing squad.
