The judge overseeing Bryan Kohberger’s Idaho murder trial issued orders this week regarding DNA evidence at trial and rejected a defense motion to toss the grand jury indictment.
The DNA orders concerned the defense attempt to include documentation surrounding the use of investigative genetic genealogy (IGG) in discovery. Judge John C. Judge said that at least some of the information the defense seeks should be handed over to defense attorneys, and he agreed to an in camera review of the information to determine what that would be.
102523 Order Addressing IGG DNA by kc wildmoon on Scribd
Judge laid out the arguments from the attorneys and the relevant case law in a 32-page order issued on Wednesday. The DNA in question concerns a DNA sample found on the snap of a knife sheath found at the scene of the murders of University of Idaho students Ethan Chapin, Madison Mogen, Xana Kernodle, and Kaylee Goncalves. The DNA was ultimately matched to a sample taken from Kohberger after his arrest on December 30, 2022.
Prior to that, the FBI used IGG to create a family tree and then then provided a tip to Moscow Police to look at Kohberger, but prosecutors say that information was not used in search warrant affidavits nor will it be presented at trial. The prosecutors also ask that a protective order hide the identities of those in the family tree should the information be included in discovery.
The defense argues that information about other potential suspects is relevant and potentially helpful to the defense.
“The Court finds that the defense is likely entitled to see at least some of the information from the IGG investigation, even if it may ultimately be found to have no relevance to Kohberger’s defense,” Judge wrote. “However, because the Court has not seen exactly what information pertaining to the use of IGG is available, theCourt cannot say precisely what should and should should not be disclosed at this time.
“Because of this uncertainty, the Court grants the state’s request for an in camera review of the IGG information. After such review the Court will enter the appropriate discovery and protective orders.”
In court on Thursday, Judge heard arguments in both a closed and a public hearing on defense motions to dismiss the indictment against Kohberger, KREM reported. The private hearing Thursday morning concerned defense claims that the grand jury was biased and shown inadmissable evidence and that the prosecution withheld exculpatory evidence. The outcome of that hearing is under seal.
In the public hearing Thursday afternoon, defense attorney Jay Logsdon argued that the indictment should be tossed out because of “error in grand jury instructions.” He argued that the standard of proof for a grand jury is “beyond a reasonable doubt” and not probable cause.
Judge stopped Logdson at that point and noted that probable cause is the standard instructions for a grand jury in Idaho. He told Logdson that his argument was “creative” but that he can’t change state law on a whim and denied the motion.
Also on Thursday, Judge said he was allowing media cameras to stay in the courtroom for now but reserved a final judgement on motions to bar cameras — both the prosecution and defense would like cameras prohibited or at the very least severely restricted, as CrimeOnline reported. Judge said he was seeking ways to restrict the use of cameras.
For the latest true crime and justice news, subscribe to the ‘Crime Stories with Nancy Grace’ podcast.
[Featured image: Bryan Kohberger listens to arguments during a hearing in Moscow, Idaho, on October 26, 2023. (Kai Eiselein/New York Post via AP, Pool)]
