Bryan Kohberger’s team playing for time on alibi—Lawyer

Bryan Kohberger’s defense team may find it “impossible” to deliver a credible alibi to the court and may now be playing for time, according to a criminal attorney.

Kohberger is accused of breaking into an off-campus rental home in Moscow, Idaho, on November 13, 2022, and stabbing to death four students. The students were identified as Kaylee Goncalves, 21, Madison Mogen, 21, Xana Kernodle, 20, and Ethan Chapin, 20.

He has been charged with four counts of first-degree murder and one count of felony burglary. He declined to enter a plea during a hearing in Latah County District Court in May, prompting the judge to enter a not guilty plea on his behalf. Soon after his arrest, his former attorney said Kohberger was “eager to be exonerated.”

In a motion filed last week Friday by Kohberger’s defense attorney, Anne Taylor, a request was seeking more time for the defense to decide whether to offer a formal alibi in the case, according to a CNN report.

A suspect would normally have 10 days to offer information on whether they intend to provide an alibi for when the alleged crime took place, per Idaho law. These 10 days can be extended by a judge.

Criminal defense attorney Rachel Fiset, the managing partner of Los Angeles-based Zweiback, Fiset & Zalduendo, spoke to Newsweek and reflected on the latest development in the Kohberger case.

“Kohberger’s attorneys are deciding whether or not to tell the court Kohberger has an alibi for the period of time during which the murders took place, and if so, what witnesses and other evidence can support that alibi,” Fiset said.

“Kohberger has asked for an extension of the time to provide that alibi so his attorneys can review all of the evidence against him, which could allow them to create a timeline of events that place Kohberger in specific places but not contradict credible evidence that may place him elsewhere.

“In layman’s terms, this request sounds like Kohberger’s attorneys either do not believe their client’s potential alibi or they do not have one and need to work to develop that timeline free of conflicting witness statements and evidence placing him elsewhere.

“For instance, if Kohberger states he was in Washington at a specific time that evening, his attorneys want to be sure that the state’s evidence does not have pictures of his car in Idaho at the same time.”

Kohberger was arrested in December last year at his parents’ house in Albrightsville, Pennsylvania, after investigators were able to hone in on him as the prime suspect due to DNA found at the crime scene.

Fiset said the evidence gathered by the state may make the job of Kohberger’s legal team very difficult.

“The decision of what defense to put forward in this case will be difficult and whether or not to put forth an alibi is the first step to developing Kohberger’s story,” Fiset said.

“It may be impossible for Kohberger to have a credible alibi with the evidence gathered by the state, and if that’s the case, his team does not want to be stuck in a position they cannot support at trial.

“If there is no alibi, however, there is a stronger chance of conviction as his defenses will be limited going forward.”