Evidence could be thrown out in case of four slain university students

Bryan Kohberger is facing four counts of first-degree murder and one count of felony burglary for the fatal stabbings of four University of Idaho students in November 2022. 

Ahead of his trial this August, Kohberger’s defense team is trying to suppress key evidence that could be used against him, including DNA found on the sheath of a knife. Investigators claim that ties him to the scene of the crime. 

At a hearing on Thursday, Kohberger’s attorney, Anne Taylor, argued the FBI gathered DNA evidence without a warrant, and used genealogy databases to identify Kohberger as a suspect.

“The FBI went behind the scenes and did things that they shouldn’t have been doing, because they searched databases that they shouldn’t have been,” Taylor said. 

The FBI used investigative genetic genealogy, or IGG. This involves uploading a DNA sample to a genealogy website to look for genetic matches. 

Taylor asked the judge, “If you can upload one of these profiles for $12 and find all kinds of information, how is that not a Fourth Amendment issue?” 

The Fourth Amendment protects people from unreasonable searches and seizures by the U.S. government. 

“Problem is, we now have advanced digital technology where we give all sorts of stuff to third parties, people are giving their DNA to third-party companies,” said Samuel Newton, an associate professor of law at the University of Idaho’s College of Law. He has expertise in criminal law. 

The ability of law enforcement to use DNA databases like MyHeritage or 23andMe is a very uncertain area of the law, Newton said. 

Taylor’s attempt to push those boundaries is smart lawyering, he said. 

“The U.S. Supreme Court could say they have to get warrants and then that would throw out all that DNA, and would require a new trial without the DNA,” Newton said. “It could be the basis for new law.”

People in the field of law have expressed reservations about the modern digital age and losing privacy rights, Newton said, especially more conservative-leaning judges fearful of a surveillance state.

Still, the likelihood of DNA getting thrown out is unlikely, said Newton. 

“She doesn’t have a good case,” he said. “But the law has to start coming up with solutions to these issues.”

Evidence Kohberger’s team has argued to suppress include all items taken from his college apartment, everything investigators seized from his car and parents’ home in Pennsylvania, and information taken with search warrants including his cellphone data.

Portions of both hearings on Thursday and Friday were closed to the public. Both the prosecution and the defense now have two weeks to decide what should be redacted from the verbatim transcripts of both hearings before a copy is released to the public, according to an order from Judge Steven Hippler on Monday. 

Judge Hippler will issue a ruling on the suppression of evidence at a later date.

Campus changes in years after tragedy

Kohberger is accused of killing Madison Mogen, 21, Kaylee Goncalves, 21, Xana Kernodle, 20, and Ethan Chapin, 20. 

When the killings first happened in the fall of 2022, Newton said it felt like there were only two degrees of separation for anyone on campus. 

“Now, the people who knew them have graduated,” said Newton, who lives three blocks away from where the house where the students were killed once stood. 

After looking out the window of his office, Newton said he could see the edge of the Vandal Healing Garden and Memorial, which was designed and built by architecture students in honor of all people who have died while attending the university. 

Students from the College of Art and Architecture worked to construct the Vandal Healing Garden and Memorial, which was also designed by students. (Credit: University of Idaho)

In September, Idaho’s Supreme Court ruled the trial would be moved from Latah County — where the alleged crime was committed — to Ada County. Kohberger’s defense team argued the constant media coverage of the case and the small town jury pool from Moscow would make a fair trial impossible. 

Jury selection is set to begin in late July.