BOISE, Idaho – Attorneys representing the man accused of killing four University of Idaho students want a hearing in court to determine if police lied to obtain a search warrant in his case. They’re also asking the judge to throw out much of the evidence obtained in the case.
Attorneys filed a motion for a Franks hearing. A Franks hearing is held to determine if a police officer lied or misled a judge in order to obtain a search warrant.
In the filing, defense attorney Anne Taylor says the hearing is requested pursuant to the fourth amendment, which protects people from unlawful search and seizure.
Kohberger faces the death penalty if convicted of killing Kaylee Goncalves, Madison Mogen, Ethan Chapin and Xana Kernodle in November 2022.
An affidavit for his arrest shows police found a knife sheath next to the body of Madison Mogen.
DNA found on that sheath was used, through a genetic genealogy website, to identify Kohberger as a possible suspect.
Police used that information to link him to the murders, coupled with the fact Kohberger had a white vehicle similar to one captured on video at the scene of the crime.
It’s the genetic genealogy that has defense attorneys wanting the judge to throw out much of the evidence in this case.
Not only do they want the DNA evidence suppressed, defense attorneys want anything police gathered because of that suppressed as well.
Because that evidence was used to develop Kohberger as a suspect and obtain search warrants, attorneys contend evidence related to Kohberger’s Amazon account shouldn’t be allowed at trial, along with his phone records and anything found in the search of his apartment in Pullman.
“All information in the affidavit was gathered because of law enforcement’s unconstitutional use of Investigative Genetic Genealogy, and thus nothing in the warrant should remain,” Taylor wrote.
They also contest that the search of Kohberger’s parents’ home in Pennsylvania was unlawful, saying police there did not have a valid local warrant to do so and that the warrant used was, again, based on the genetic genealogy which the defense contends is unconstitutional.
The motions were filed Friday and there’s no date for when a judge would hear arguments in court.
Defense attorneys are also waiting for a judge to rule on their request to have the death penalty stricken as a possible punishment if Kohberger is convicted.
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