New evidence could change the course of the trial of a man accused of murdering four University of Idaho students.
Lawyers for Bryan Kohberger, 30, who was a criminology PhD candidate when he allegedly stabbed dead four students in November 2022, recently revealed that detectives found blood from unidentified men at the crime scene.
One blood sample was found on a glove outside the victims’ off-campus home, the lead defense attorney told the court in late January, according to the Idaho Statesman. Another unknown DNA blood sample was found on a handrail.
Police did not mention the unidentified blood DNA to a judge in December 2022 when they sought to obtain a warrant to arrest Kohberger, said defense attorney Anne Taylor during the hearing.
Detectives then did not present that evidence to the judge for her probable cause determination, argued Taylor, so some evidence in the case should be discounted.
Police did say they uncovered on the bed of a victim, a leather sheath for a knife with DNA that matched Kohberger.
Ada County District Judge Steven Hippler rejected the defense team’s argument on the unidentified samples.
‘How does that, even if disclosed, preclude a finding of probable cause when there’s a DNA match between the DNA on the sheath and Mr. Kohberger?’ he told Taylor.
‘Isn’t that probable cause every day and twice on Sunday?’
Taylor responded that the judge should consider all factors in determining probable cause.
‘It’s these other things that are withheld that create a context around it… Do we want to have one thing with no context around it when there’s this other context that really matters?’ she said.
![Defense attorney preparing for trial of quadruple murder suspect Brian Kohberger subpoenas one of two surviving housemates claiming she has 'exculpatory evidence' as a witness in the 4am killings Bethany Funke, 21, was home at her off-campus rental in Moscow when her roommates and roommates boyfriend were brutally killed The Nevada-resident is being subpoenaed to serve as material witness in case Funke's attorney, Kelli Anne Viloria, is fighting to 'quash' the 'foreign subpoena' By RUTH BASHINSKY FOR DAILYMAIL.COM PUBLISHED: 15:35 EDT, 24 April 2023 | UPDATED: 23:58 EDT, 24 April 2023 e-mail 95 shares 356 View comments A defense investigator working on the Bryan Kohberger murder trial has filed a court document claiming that a surviving housemate who was in the home when her four roommates were killed has exculpatory evidence that is necessary to his defense. Kohberger, a former criminology Ph.D. student is accused of fatally stabbing four of the six people inside an off-campus home on November 13, 2022. The survivor, named in a Nevada court filing as Bethany Funke, 21, allegedly heard or saw things that could exonerate Kohberger. Investigator Richard Bitonti, who is working for Anne Taylor, Kohberger's court-appointed attorney, has now subpoenaed Funke to appear on June 28, and if she refuses to appear, could face a potential fine of $500 or 25 days in jail. Kohberger's defense team aims to challenge the probable cause used to justify his arrest at his scheduled preliminary hearing in June and claim Funke has 'exculpatory' information that is 'material and necessary' to the alleged killer's defense. 'During the course of my investigation, it became known to me that [she] has information material to the charges against Mr. Kohberger,' Bitonti wrote in an affidavit. Bethany Funke (pictured) and surviving Idaho university roommate is fighting a court order for her to testify for quadruple murder suspect Bryan Kohberger +7 View gallery Bethany Funke (pictured) and surviving Idaho university roommate is fighting a court order for her to testify for quadruple murder suspect Bryan Kohberger TRENDING Vallow's sister yelled at cult mom for dancing while kids were buried 512 viewing now Lori Vallow's husband Googled wind direction before burnt bodies found 319 viewing now Gleeful Tucker Carlson tells DailyMail.com his future plans 32.1k viewing now It was Funke who found the bloodied bodies of her three housemates and she has argued she should not have to appear because she now lives in Nevada, not Idaho. Through her lawyers she slapped down the 'foreign subpoena' and said a judge must have a hearing before Funke can be required to testify. Madison Mogen, 21, Kaylee Goncalves, 21, Xana Kernodle, 20 and Kernodle's boyfriend, Ethan Chapin, 20, were allegedly murdered by Kohberger in November. One of the two survivors allegedly heard a commotion and witnessed a masked man exit through a rear sliding door, according to a police affidavit. The second survivor, in this case Funke, is alleged to have heard or saw things that could clear the suspect, according to Bitonti's affidavit. Bitonti argues that the information Funke possess is unique to her experience and cannot be provided by another witness. Kohberger's defense is now asking the court to compel her to provide testimony at his scheduled preliminary hearing in June, as they hope to challenge the probable cause used to justify his arrest. Kohberger, 28 was charged with four counts of first-degree murder and burglary in late December. He has not yet entered a plea in the quadruple homicide. His next court date is June 26 for a probable cause hearing. +7 View gallery Kohberger, 28 was charged with four counts of first-degree murder and burglary in late December. He has not yet entered a plea in the quadruple homicide. His next court date is June 26 for a probable cause hearing. Funke was issued a subpoenaed by Kohberger's defense team to serve as a material witness in the case, with them writing that 'it is necessary to subpoena her to be a witness.' But her attorney slammed to move, writing: 'There is no authority for an Idaho criminal defendant to summon a Nevada witness to an Idaho matter without a hearing and there is no authority to summon a Nevada witness to an Idaho matter without a Nevada judge making a finding of materiality, necessity and the lack of undue hardship,' she added. Court documents obtained by DailyMail.com reveal that on April 3 Evelyn Grosenick, Interim Washoe County Public Defender, sought and obtained an ex-parte Foreign Subpoena that was issued to Funke on April 11. It said Funke was 'required to appear' in the Second Judicial District Court of the State of Idaho on June 28 at 8am and for the duration of the trial to testify. A court filing opposing the subpoena argues that it was improperly filed, and there is no authority for an Idaho criminal defendant to summon a Nevada witness to Idaho for a preliminary hearing. The law firm representing the surviving roommate has declined to comment, citing a gag order on the case. (l-r) Dylan Mortenson, Xana Kernodle, Bethany Funke, Kaylee Goncalves and Madison Mogen +7 View gallery (l-r) Dylan Mortenson, Xana Kernodle, Bethany Funke, Kaylee Goncalves and Madison Mogen Kohberger during a hearing in Latah County District Court on January 5 in Moscow, Idaho +7 View gallery Kohberger during a hearing in Latah County District Court on January 5 in Moscow, Idaho Funke lived on the first-floor of the split-level home with survivor Dylan Mortenson, the second survivor and person who came face-to-face with the killer during the attack +7 View gallery Funke lived on the first-floor of the split-level home with survivor Dylan Mortenson, the second survivor and person who came face-to-face with the killer during the attack Funke lived on the first-floor of the split-level home with survivor Dylan Mortenson, the second survivor and person who came face-to-face with the killer during the attack. Her house mates and the murder victims lived on the second and third floors of the home that could only be accessed through a sliding door. Though police have not revealed where Funke and Mortenson were hours before their roommates were killed, they confirmed both women got home just after 1am. Their roommates, who were killed, arrived back at the house at 2am. Funke was also a member of the Pi Beta Phi sorority with Kernodle and Mogen. Kohberger, 28 was charged with four counts of first-degree murder and burglary in late December. He has not yet entered a plea in the quadruple homicide. His next court date is June 26 for a probable cause hearing. The accused murderer and criminal justice major is currently being held in a maximum security cell at Latah County Jail in Moscow, Idaho. When DailyMail.com contacted Funke's attorney they were unable to speak due to a court order. Kohberger, 28 was charged with four counts of first-degree murder and burglary in late December +7 View gallery Kohberger, 28 was charged with four counts of first-degree murder and burglary in late December Share or comment on this article: Surviving Idaho University roommate fights court order to testify for Bryan Kohberger's defense e-mail 95 shares Add comment Comments 356 Share what you think NewestOldestBest ratedWorst rated View all The comments below have not been moderated. View all The views expressed in the contents above are those of our users and do not necessarily reflect the views of MailOnline. Loading... Add your comment Enter your comment By posting your comment you agree to our house rules. 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Kohberger is charged with four counts of first-degree murder and a count of burglary. A Moscow grand jury found probable case and indicted him on the five felony charges.
The victims are Ethan Chapin, 20, of Mount Vernon, Washington; Kaylee Goncalves, 21, of Rathdrum; Xana Kernodle, 20, of Post Falls; and Madison Mogen, 21, of Coeur d’Alene.
Kohberger is set to stand trial in Boise in August.
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