John Jefferson
Quadruple murder suspect Bryan Kohberber’s defense team brought up two DNA samples from unidentified males at the King Road home where he is accused of killing four University of Idaho undergrads, as part of their effort to have his arrest warrants thrown out.
Two unidentified male blood samples, one on a handrail and one on a glove outside, were recovered by investigators after the stabbing deaths of Madison Mogen, 21, Kaylee Goncavles, 21, Xana Kernodle, 20 and Ethan Chapin, 20. Neither matched Kohberger, and they came from different subjects.
With the sources of both in question, defense attorney Anne Taylor told Ada County Judge Steven Hippler at a hearing last month that it could mean Kohberger, 30, is not related to the crime at all.
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“That was an interesting piece of information,” Boise-based defense attorney Edwina Elcox told Fox News Digital. “I think the defense tries to raise the issue and muddy the waters with it.”
But in the pretrial stage, the judge seemed unconvinced that the presence of two other DNA samples would be a reason to throw out probable cause for Kohberger’s arrest. Detectives made another damning find – a Ka-Bar knife sheath under Mogen’s body.
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“His DNA is still on the knife sheath though,” Hippler told Taylor in court. “That’s the problem, counsel.”
Taylor argued that detectives had misled Latah County Magistrate Judge Megan Marshall with their probable cause affidavit by leaving out details about the other blood. Hippler drilled home the connection between the suspect and the DNA found under Mogen’s body.
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“How does that, even if disclosed, preclude a finding of probable cause when there’s a DNA match between the DNA on the sheath and Mr. Kohberger?” Hippler asked. “Isn’t that probable cause every day and twice on Sunday?”
Taylor argued, “Not in this context.” In pretrial motions she unsuccessfully attacked the FBI’s investigative genetic genealogy work, which generated a lead that led police to Kohberger. She plans to further dissect the investigatory method at trial.
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“What does a knife sheath at a scene mean?” Taylor posited. “That’s going to be the ultimate question.”
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“If you’re killed by a knife, it probably means a lot,” Hippler replied. “Probable cause is not a proof beyond a reasonable doubt standard. It’s a probable cause to think that this person might have done it. And I’m not sure how that direct DNA connection to a sheath found on or near one of the victims doesn’t close the book on anything on probable cause after that.”
But the samples could create reasonable doubt before a jury at trial.
“Of course they will try to use it, but where were the other male blood samples at the scene? What was the weight of the DNA?” said Linda Kenney Baden, a prominent New York defense attorney whose clients have included Casey Anthony and Aaron Hernandez. “All these are questions for the jury but do not preclude the sheath DNA being used both for the search warrant.”
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The location of these samples matters, she said. One was found on a handrail inside, another on a glove outdoors.
“Now if the same unknown DNA is in a bedroom and on a victim then it becomes more important, but not for probable cause for the search warrant,” she said.
Taylor will likely argue that the unknown blood came from one or more killers – who have no connection to her client, said David Gelman, a New Jersey-based defense attorney who has been following the case.
“Defense Counsel will pound that theory,” he told Fox News Digital. “This is a theme of reasonable doubt they will use. It could actually be a powerful part of the defense.”
After the hearing, Hippler said he had not yet decided whether the defense will receive a Franks hearing, which would allow Kohberger’s team to attack the warrants in court.
Kohberger is scheduled for trial later this year. Before his defense successfully argued for a change of venue, Latah County Judge John Judge entered not guilty pleas on the suspect’s behalf at his arraignment in May 2023.
Kohberger could face the death penalty if convicted.
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