Anne Taylor, an attorney representing Bryan Kohberger, told the judge she did not have any cases to support her argument that admitting DNA evidence would violate her client's privacy rights.
At a hearing on Thursday, the prosecution and defense presented arguments on a motion to suppress investigative genetic genealogy (IGG) evidence in the upcoming trial.
Why It Matters
Kohberger, 30, is accused of fatally stabbing University of Idaho students Madison Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin in an off-campus residence in Moscow, Idaho, in November 2022.
He is charged with four counts of first-degree murder and one count of felony burglary. A not-guilty plea was entered on his behalf.
What To Know
Taylor alleged that officials had not obtained a warrant for several phases of the search that led to the IGG work.
"In this case, if society is not ready to support suppression of every bit of DNA when the government does not have a warrant and searches it, there is no privacy right left," Taylor said.
District Judge Steven Hippler, who presided over the proceeding, asked Taylor if she knew of any cases that support that argument.
"I do not have any cases that hold that, nor do I have any to the contrary that say that's not the case," Taylor said.
Idaho Deputy Attorney General Jeff Nye said the state also failed to find a case that supports the defense's argument.
"There is no case law anywhere that the state could find, and the defense has not cited any to suggest, that there is a reasonable expectation of privacy in DNA found at a crime scene," Nye said.
Hippler took the matter under advisement.
What is Happening with the Idaho College Murder Case?
The prosecution and defense discussed several motions during the hearing. Portions of the proceeding were closed to the public.
Where is Bryan Kohberger Being Held?
Kohberger remains in custody at Ada County Jail in Boise, Idaho, as he awaits trial. He is facing the death penalty if convicted.
What People Are Saying
Taylor, at the hearing: "This is a situation where this identification was done in complete secret behind closed doors, and it's been continued to be a secret, and that should raise red flags."
Nye, at the hearing: "They can't cite any case law whatsoever, and so they try and just ignore that and skip over it."
What Happens Next
Kohberger's trial is scheduled to begin on August 11, with jury selection to start in late July.
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