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OAN’s Sophia Flores
10:38 AM – Friday, July 28, 2023
Attorneys for Bryan Kohberger, the prime suspect in the killings of four University of Idaho students, are fighting back. This time, they are trying to get his indictment dismissed.
In a court filing dated July 25th, which was released on Thursday, it was revealed that his defense team is claiming that the grand jury should’ve granted the 28-year-old a preliminary hearing instead of indicting him, as the grand jury was “misled as to the standard of proof required for an indictment.”
The defense team of the Idaho murders suspect believes that the jury had a much lower standard than the typical instructions that are required for a judge to toss out a preliminary hearing. The standard of proof based on what is presented is typically “beyond a reasonable doubt.” However, in this case, the grand jury was able to proceed with an indictment based on a “reasonable ground for believing that a particular individual … has committed” a certain offense.
If his proposition is not granted by the judge, his team is asking for a new preliminary hearing in front of a magistrate to determine if the case should move forward.
This news comes days after Kohberger’s attorneys announced that they plan to present an alibi as part of their defense strategy. It is not yet known who their possible alibi will be.
Kohberger is charged with first-degree murder for the killings of college students Kaylee Goncalves, 22, Madison Mogen, 21, Xana Kernodle, 20, and Ethan Chapin, 20. He has entered a not guilty plea.
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