Why experts fear Idaho murders suspect Bryan Kohberger's bombshell theory could see him walk FREE | Daily Mail Online


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Key Developments

Bryan Kohberger's defense team is attempting to introduce an alternate suspect into the Idaho quadruple murder case just months before the trial. Legal experts suggest this could significantly impact the conviction if the jury finds the alternative theory credible.

The Defense's Strategy

The defense claims to have identified an alternate suspect whose details remain sealed. They plan to argue that Kohberger's DNA was planted and that two people committed the crime using two weapons. This strategy aims to shift focus from the technical DNA evidence, which the defense believes is less engaging for a jury, towards a more compelling narrative of an alternative perpetrator.

  • Alternative suspect: The identity is undisclosed but was seemingly investigated during the initial police inquiries.
  • DNA planting: The defense alleges Kohberger's DNA was planted at the crime scene.
  • Multiple perpetrators: The theory suggests two people committed the murders, using two weapons.

Legal Experts' Analysis

Legal experts agree that this strategy could be impactful if a credible alternate suspect is presented, potentially swaying a juror's decision. However, they emphasize the necessity for strong, verifiable evidence to support the claim, such as alternative DNA evidence, social media posts, or phone records. Simply suggesting an alternative suspect without substantial evidence would be insufficient.

Judge's Reaction

The judge has expressed skepticism about the defense's claims, requesting solid evidence supporting the allegations before allowing the alternative suspect theory to be introduced to the jury. The defense has been given a deadline to provide this evidence, after which the judge will determine its admissibility.

Other Defense Tactics

In addition to the alternate suspect theory, the defense is pursuing other strategies, including attempts to remove the death penalty, ban specific evidence descriptions, and introduce a poorly corroborated alibi.

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For three long years, the world has focused on one man for the horrific crimes committed in a close-knit Idaho college town on a dark winter's night.

Bryan Kohberger became the face of the vicious quadruple murder that cut short the lives of Xana Kernodle, Ethan Chapin, Kaylee Goncalves and Madison Mogen.

Most have already written him off as guilty, having picked apart the known evidence against him, as well as his personality quirks that make him a compelling suspect.

But his defense team - which is asking the judge to postpone the start of the trial - is now poised to drop a huge bombshell that they claim should see him walk free and another take his place in the dock. 

In an explosive 11th-hour move - just three months before his trial - his lawyers claim to have identified an alternate suspect they say is the real killer.

The Daily Mail has spoken to multiple top legal experts to assess the Hail Mary attempt, and get their verdict on whether it will see Kohberger dramatically acquitted.

Criminal defense attorney David Seltzer admitted the theory could have a 'significant impact' on him being convicted.

He said: 'Ultimately, the jury has to be unanimous… if you convince just one juror that there is a reasonable alternative suspect, he walks.'

Bryan Kohberger snapped this selfie six hours after the brutal Moscow murders

He believes the idea could provide a powerful story to counter the more technical prosecution case.

Seltzer continued: 'The state's problem is it's a DNA trial, and DNA trials are boring. They're not engaging because people don't understand the science of DNA.'

Kohberger was connected to the murders after his DNA was found on a Ka-Bar leather knife sheath at the scene.

Prosecutors also found cellphone records placing him outside the student home multiple times prior to the murders, as well as surveillance footage showing a vehicle matching his car speeding away.

Seltzer said: 'I think what the defense is trying to do is get it away from the technicalities because you're going to lose a jury on the technical issues some of the time.'

For a jury, the idea of an alternate suspect 'is something you can hold on to, that here's somebody else who did the crime'.

The four students were murdered inside 1122 King Road in Moscow, Idaho, on November 13 2022

The name of the alternate suspect was submitted to the court but the filings are sealed - keeping the details a closely guarded secret.

Investigators ruled out many individuals connected to the victims in the early days of the case, and no one other than Kohberger has ever been named as a suspect.

Based on comments made by his attorneys, the alternate suspect appears to be someone who did crop up during the initial police inquiries.

In a hearing on April 9, Kohberger's lead attorney Anne Taylor told the court she had found a lead on another suspect buried among a trove of tips collected by police.

She also revealed the defense's plans to argue Kohberger's DNA was planted at the crime scene by the real killer - and that two people must have committed the crime using two weapons.

Criminal defense attorney Sam Bassett told the Daily Mail this alternate suspect could even be called to testify at the upcoming trial.

Young couple Ethan Chapin and Xana Kernodle (left) were found dead on the second floor of the home. Kaylee Goncalves and Madison Mogen (right) were killed on the third floor

He said: 'If it's truly a viable alternative suspect - either working together with this defendant or working independently - that suspect has rights, too.

'So that suspect could be subpoenaed [to testify] but they could assert their Fifth Amendment privilege and refuse to testify.'

Given the high-profile nature of this case, Bassett explains that being named as a suspect could leave that person vulnerable to harassment or threats.

To prevent this, the judge could give the individual a pseudonym to obscure their identity, he adds.

More typically, the alternate suspect could be introduced when the defense is cross-examining law enforcement officials who worked on the case, to criticize their work and sow doubts about the investigation.

Bassett continued: 'You're kind of planting a seed in the jurors' heads that [police] abandoned other possible suspects... cut off the investigation when they arrested so-and-so and should have followed up more on other people.'

But there's some way to go before any of this becomes a reality. Judge Steven Hippler is yet to decide if they can present this alternate suspect at the trial.

After Taylor made the bombshell claim of a second suspect, the judge gave the defense a deadline of May 23 to hand over evidence to support the claims. 

Bryan Kohberger's defense team claims to have found an alternate suspect in the murders

DNA was found on a Ka-Bar knife sheath (seen in stock image) left behind at the scene

The prosecution will then have until June 6 to respond to the claims before a court hearing is held later that month.

Then, the judge will decide if jurors can hear about it. Based on what information the defense shared previously, Judge Hippler appeared dubious.

'Provide me with whatever actual evidence you have that supports those allegations, other than just allegations,' he said in a May 15 hearing.

'And two, provide for me how it is you believe that what you're offering is admissible. It seemed to me much of what you had put in there was fairly… potentially fairly objectionable in terms of… admissibility. So, I would like to see that.'

Bassett explains that presenting an alternate suspect is 'not uncommon' as a defense tactic.

But the lawyers will need to show the judge that there is enough evidence to support their claims if they want to be able to use them.

'It can't just be a suspicion like that somebody was mad at one of the members of that household. It can't be anything that general,' Bassett said.

Seltzer added: it 'has to pass the test' before it can be shown to a jury. 

'It can't be just putting evidence out there and seeing what sticks. The defense has to be able to substantiate their evidence to prove that it's reliable, verifiable and accurate information,' he says.

'You can't just say Santa Claus did it. We have to be able to prove the end result of who did it.'

As it stands, it is currently unclear what evidence the defense has that points to the alternate suspect. 

But both legal experts tell the Daily Mail they would expect to see 'solid evidence' such as alternative DNA or forensic evidence, social media posts or phone records.

Bassett said: 'Maybe some forensic digital evidence or some forensic technology evidence or some DNA-type evidence.'

'It could be social media type communications with one or more of the victims by a person who might be a suspect… it could be a person bragging about killing them and getting away with it, or something to that effect.

'That would certainly be a bombshell if that was the case… it has to be more than just a suspicion.'

The off-campus student home at 1122 King Road seen in October 2024 before it was demolished

With the capital murder trial looming, the defense has already taken several other steps to try to toss or introduce evidence as they fight to save Kohberger's life.

There have been efforts to get the death penalty off the table, citing his autism diagnosis as well as discovery issues.

There's been the request to ban the phrase 'bushy eyebrows' from the trial - the description given by surviving roommate Dylan Mortensen about the masked man she saw inside their home the night of the murders.

And there's been a push to introduce a vague alibi that Kohberger was driving round looking at the moon and stars that night, an alibi that no one else can corroborate.

When asked his thoughts as to whether the alternate suspect theory is the defense's latest effort to throw things at the wall and see what sticks, Bassett said: 'If there's a lot of evidence to support the theory, then it's not just throwing something against the wall.'

He added: 'It is what I would call a sprayed-on defense [that] it wasn't him, it was somebody else.'

Defense attorneys 'have to do the best you can with what you have' which can mean trying many different tactics, he continued.

The risk with this strategy can be that, by throwing too many arguments out there, 'your strongest defense gets lost in the shuffle'.

With this last-ditch bid coming so close to the trial, Seltzer said it is more likely than not that the judge will allow the defense to present its alternate suspect theory.

If the judge does block the defense from presenting the argument, it could also open up an opportunity for Kohberger to appeal his conviction were the jury to return a guilty verdict, Seltzer explains.

'So I have a feeling we're going to hear who that person is,' he says. If not, it's possible that the name will forever remain a mystery.

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