(Scypre.com) – Lawyers representing Bryan Kohberger, the prime suspect in the tragic killing of four University of Idaho students last year, have filed a request with the court to dismiss the indictment against him.
In their court filing made on a Tuesday, the defense attorneys argued that the grand jury had been misled regarding the required standard of proof for an indictment. They contended that, according to the Idaho state Constitution, the standard of proof for a grand jury should be “beyond a reasonable doubt.”
The lawyers stated that the grand jury had been incorrectly instructed with the standard of proof applicable to a presentment, which necessitates a preliminary hearing. They emphasized that the failure to provide proper instructions on the standard of proof is sufficient grounds to warrant the dismissal of the indictment.
Neama Rahmani, a former federal prosecutor, offered her perspective on the matter, dismissing the defense’s motion as baseless. She clarified that, during the grand jury or preliminary hearing stage, the standard of proof is “probable cause” and not “beyond a reasonable doubt.”
According to reports, Bryan Kohberger, then a graduate student studying criminology at Washington State University, allegedly committed the heinous crime by fatally stabbing Ethan Chapin, 20; Madison Mogen, 21; Xana Kernodle, 20; and Kaylee Goncalves, 21, on November 13 inside an off-campus house.
He now faces charges of burglary and four counts of first-degree murder, with the authorities yet to reveal a motive for the killings.
The judge entered not guilty pleas on Kohberger’s behalf in May. Court documents indicate that Kohberger allegedly stalked the King Road rental home approximately twelve times before the murders and returned once more after the slayings but before the arrival of the police.
A six-week trial has been scheduled to commence on October 2nd.