Defense to Prove Habitual Late-Night Drives
Bryan Kohberger, the suspect in the fatal stabbing of four University of Idaho students in November 2022, claims he was out stargazing alone in the early hours of the morning the murders occurred.
Defense attorneys for the 29-year-old suspect state that on the morning of the killings, Kohberger was driving around the area south of Pullman, Washington, and west of Moscow, Idaho, for hiking, running, and observing celestial bodies.
Explaining the Alibi Defense
The defense’s alibi defense was filed to establish that Kohberger was not present at the murder scene during the time of the slayings. Attorney Brian C. Stewart, who represents Gabby Petito’s family, labeled the alibi “very weak.”
Stewart suggests that the defense created the alibi to conform to existing evidence showing Kohberger’s cell phone activity in the area at the time of the killings, while simultaneously attempting to obfuscate his reasons for being there.
Evidence against Kohberger
The prosecution has presented evidence that Kohberger’s phone pinged near the scene of the murders and at least 12 times prior to the slayings.
An arrest affidavit states that investigators placed Kohberger’s phone at the crime scene around 9 a.m. on the day of the murders, and that his phone was turned off during the estimated time of the attacks.
Prosecutors’ Doubts
The prosecution challenges Kohberger’s alibi by arguing that cell phone records may indicate he was in a different location at the times he claims to have been stargazing.
Defense Strategies
Defense attorneys acknowledge the weak nature of the alibi, but their strategy is to attempt to create reasonable doubt by calling into question the strength of the prosecution’s evidence.
Argument for Alibi Weakness
David Moorhead, a Colorado-based criminal defense attorney, claims that while late-night stargazing drives are not unusual, the defense needs to establish it was a regular practice for Kohberger.
He explains that providing phone records, social media posts, or witness accounts of similar outings would strengthen the alibi. However, the absence of such corroborating evidence may weaken it in court.
Prosecution’s Counterarguments
Roger V. Archibald, a New York City-based defense attorney, explains that a strong alibi often relies on testimony from credible witnesses and time-stamped documentation that places the defendant away from the crime scene.
Unconventional Alibi
Archibald acknowledges that Kohberger’s alibi is unusually weak but notes that it might not be uncommon in the context of his daily life. He cautions that even though his alibi may be suspect in a court of law, it may still be plausible from Kohberger’s perspective.
Victim’s Family Responds
The family of Kaylee Goncalves, one of the victims, commented on the alibi, stating it had taken months to surface and that they believe it to be weak. They question why it wasn’t presented earlier if it were credible and suggest that the alibi conflicts with the fact that Kohberger’s phone was turned off during the murders.
Data sourced from: foxnews.com
