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Bryan Kohberger's attorney files motion saying he was 'out driving' when Idaho students were murdered

By FOX 13 News Staff
Published  August 3, 2023 6:05pm EDT
Idaho Students Killed
FOX 13 Seattle

Idaho prosecutors will seek the death penalty for Bryan Kohberger

Bryan Kohberger, accused of stabbing four University of Idaho students to death in their sleep, either faces the death penalty or life in jail.

Idaho murders suspect Bryan Kohberger's attorney filed a motion stating that he has "long had a habit of going for drives alone" and that Kohberger was out driving when the killings happened.

According to the motion filed Aug. 2 in Latah County District Court, the motion is a "motive of defense of alibi." It states that Kohberger is not claiming to be "not claiming to be at a specific location at a specific time" but that "he was out, driving during the late night and early morning hours of November 12-13, 2022."

The motion goes on to state that Kohberger was out driving alone and that corroborating evidence may come from cross-examination of state's witnesses or from presentation of defense experts.

Kohberger was a graduate student at Washington State University studying criminology when he allegedly fatally stabbed Ethan Chapin, 20; Madison Mogen, 21; Xana Kernodle, 20; and Kaylee Goncalves, 21, on Nov. 13 in an off-campus house, authorities said.

He is now accused of burglary and four counts of first-degree murder. Authorities have not revealed a motive. A judge entered not guilty pleas on Kohberger's behalf in May. 

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According to court documents, Kohberger allegedly stalked the King Road rental home a dozen times before the murders and returned once more hours after the slayings but before police arrived.

A six-week trial is scheduled to begin on Oct. 2.

Latah County Prosecuting Attorney Bill Thompson notified the court and the defense on June 26 that his office intended to seek death if Kohberger is convicted.

Home where Idaho students were killed won't be demolished until October

The King Road home where four University of Idaho students were killed last year will not be demolished until at least October, the school's president announced.

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Earlier this week, Kohberger's attorneys requested a judge dismiss the indictment against him.

In a Tuesday court filing, the lawyers argued that the grand jury was "misled as to the standard of proof required for an indictment." They said the Idaho state Constitution sets the standard of proof for a grand jury at beyond a reasonable doubt.

RELATED: Bryan Kohberger defense: Was his DNA planted at the crime scene?

The filing said the grand jury was "erroneously instructed" with the standard of proof required for a presentment, which requires a preliminary hearing. 

"The failure to properly instruct a Grand Jury as to the standard of proof is grounds for dismissal of the Indictment," the filing states.

If the judge refuses to dismiss the indictment, defense attorneys could ask for a preliminary hearing to determine whether the case should move forward.

FOX News contributed to this report.