Idaho prosecutors rejected a series of motions by Brian Koberger to attack search warrants executed in connection with his arrest for the murders of four college students, dissected the defense's case and submitted evidence from parents. He told the judge that there was “reasonable probable cause” to seize the items. home, car, device, and other locations.
Latah County Prosecutor Bill Thompson wrote in a nine-count challenge to Koberger's defense that the warrant in question was “based on substantial probable cause.” Many details remain secret, but prosecutors are asking the judge to deny the defense motion and allow the warrant to stand.
Last month, the defense asked Judge Stephen Hippler to suppress DNA evidence and searches of Koberger's devices, digital accounts, cars, people and family home.
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Brian Koberger (right) is escorted into the courtroom for a hearing in Lutter County District Court on September 13, 2023 in Moscow, Idaho. (AP Photo/Ted S. Warren)
Koberger is charged with four counts of first-degree murder and a felony count of robbery in connection with the early morning massacre of four University of Idaho students around 4 a.m. on Nov. 13, 2022.
Prosecutors allege he sneaked into a home near the University of Idaho campus and killed several people with a large knife as they slept. The surviving housemate told detectives she heard crying and a struggle, then saw a masked man with “bushy eyebrows.”
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The victims were Madison Morgen and Kaylee Gonsalves, both 21 years old, their housemate Zana Karnodol, 20, and her boyfriend Ethan Chapin, also 20.
Madison Morgen, top left, poses with Ethan Chapin, Zana Kernodle and two other housemates in Gonsalves' last Instagram post, which was shared the day before the four students were stabbed to death. , smiling on the shoulder of her best friend Kaylee Gonsalves. . (@kayleegoncalves/Instagram)
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Mr. Koberger, Ph.D. in Criminology. A student at nearby Washington State University, he was arrested a few weeks later at his parents' home in Pennsylvania's Pocono Mountains.
Police found a Ka-Bar knife sheath under Morgen's body, which prosecutors allege contained Koberger's DNA. Koberger was driving a white Hyundai Elantra, the same type of vehicle that investigators identified as the suspect vehicle, and was said to have turned off his cellphone before commuting to and from the crime scene, according to the affidavit. There is. Citing phone records, police also claimed that he had stalked the victim's home more than a dozen times. murder case Then a few hours later I drove past it again.
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A judge entered a not guilty plea on behalf of Mr. Koberger at his arraignment in May 2023.
The prosecution's objection to the defendant's motion suppress
The defense team, led by Ann Taylor, Jay Logsdon and Elisa Massos, is seeking a hearing for Franks, where they hope the warrant will be thrown out. They previously told the court they “categorically” believed their client was innocent.
Experts told Fox News Digital that such hearings are rarely granted and even more rarely successful.
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“I've been a lawyer for 52 years and have tried and decided over 300 cases. Throughout my career, I've never had a judge allow me to try Frank. I think it was three times,” John Henry Brown said. He is a Seattle-based defense attorney whose past clients include serial killer Ted Bundy. “I think in two of them nothing happened, and the third one ended up with the judge dropping the charges. But these hearings can be very productive. It's very helpful for the defense from a discovery standpoint.”
Brian Koberger's attorneys Ann Taylor (left), Elisa Masos and Jay Logsdon arrive at the Rutter County Courthouse on June 27, 2023 in Moscow, Idaho. (Derek Schock, Fox News Digital)
Brian Koberger could face the death penalty if convicted in the University of Idaho murder case
Koberger told Fox News Digital that if investigators can prove that they intentionally ignored or misrepresented the truth in the warrant affidavit, that information can be excluded from the warrant. But on the other hand, even if that long-term effort is successful, a judge might consider whether sufficient probable cause remains for the warrant and find that the warrant is still valid.
Mr. Hippler previously told Mr. Koberger's team to resubmit the Franks hearing motion, sending 2,000 pages of exhibits without specifying which parts were relevant to their claims. I told my lawyer that this was not acceptable.
Lutter County prosecutors speak with Wendy Olson, left, and Cory Carone during a motion hearing for a gag order in the case against Brian Koberger in Lutter County District Court on Friday, June 9, 2023 in Moscow, Idaho. Mr. Bill Thompson. Koberger is accused of killing four University of Idaho students in November 2022. (Zach Wilkinson/Moscow Pullman Daily News, Associated Press, Pool)
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A closed hearing was held on December 11th. Koberger is scheduled to return to court on January 23.
He is being held without bail and could face the death penalty if convicted. The trial is scheduled to begin next year.
