Kohberger's Alibi Disputes His Location on The Night of The Idaho Murders

He was star gazing not killing

"The last paragraph stands out to me about info being withheld in discovery. It sure seems to me that he thinks just because one of his alleged accomplice / informants' cell phone shows "critical exculpatory evidence" driving that route and possibly dropping him off during the quadruple murder that, he had nothing to do with this. This moon gazing night hiker needs to take his ego down a few notches." — Twitter Comment

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Bryan Kohberger's Defense Introduces New Witness: Former Officer Sy Ray

Bryan Kohberger's defense team, led by Anne Taylor, made a significant move in court late last night, unveiling new evidence regarding an alibi for Kohberger on the night of the brutal quadruple murders. The defense's filing responded directly to the state's request for alibi information, introducing Sy Ray, a former police officer specializing in cell phone data analysis, as a key defense witness.

Kohberger moved to Pullman in June 2022 to attend graduate school at Washington State University. In July, after “he explored many areas of the Palouse” as an avid runner and hiker, the park on Wawawai Road nestled 18 miles southwest of Pullman in Colton, Washington, “became a favorite location.”

According to the filling, Kohberger’s running and hiking decreased because of his hectic class and work schedule once the fall semester started. However, his nighttime drives increased.

Data from Kohberger’s cellphone, including photos of the night sky taken on several different late evenings and early mornings (including in November) backs this alibi, the filing argued.

“This is supported by data from Mr. Kohberger’s phone showing him in the countryside late at night and / or in the early morning on several occasions,” Taylor wrote.

According to the document, Ray's testimony will challenge the cellphone data presented in the probable cause affidavit. Specifically, Ray asserts that Kohberger's mobile device was tracked south of Pullman Washington and west of Moscow Idaho on the crucial night — contradicting the assertion that Kohberger's vehicle was captured on video near Floyd's Cannabis shop along the Moscow-Pullman highway.

Did video capture a matching car?

These revelations are crucial in light of the charges against Kohberger, who stands accused of four counts of first-degree murder and one count of felony burglary in connection with the deaths of four University of Idaho students.

The proximity of Floyd's Cannabis shop to the crime scene is critical to his alibi. Google Maps indicates it's just an eight-minute drive from the house where the victims were discovered, further emphasizing the significance of Ray's analysis disputing Kohberger's presence in the area. Police allege that he made at least 14 visits to the cell tower coverage area of the King Road house— twice on the day of the four students’ deaths, according to the probable cause affidavit.

Kohberger has maintained his innocence throughout the proceedings. His legal team's efforts to move the trial out of Latah County indicate their concern over perceived bias tainting the local jury pool. Prior to the latest alibi disclosure, the defense team released details of a survey purporting to show bias among potential jurors in the area.

However, the prosecution and Judge John Judge have criticized these survey results, with Judge expressing surprise and concern over the manner in which the survey was conducted. This sets the stage for a contentious legal battle. Experts are predicting a showdown between prosecution and defense arguments over cellphone data and surveillance footage.

Trial date is still undecided.

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KOBERGER’S ALIBI TRANSCRIBED IN FULL

Taylor, Public Defender, and hereby files a supplemental response to the demand for alibi and in compliance with Idaho Code $19-519 and Idaho Criminal Rule 12.1. Mr. Kohberger moved to Pullman, Washington in June of 2022. As an avid runner and hiker, he explored many areas of the Palouse. Of note, he explored Wawawai Park in July of 2022 and this became a favorite location. After the school year began, Mr. Kohberger was busy with classes and work at Washington State University and his running and hiking decreased but did not stop. Instead, his nighttime drives increased. This is supported by data from Mr. Kohberger's phone showing him in the countryside late at night and/or in the early morningon several occasions. The phone data includes numerous photographs taken on several different late evenings and early mornings, including in November, depicting the night sky.

Mr. Kohberger was out driving in the early morning hours of November 13, 2022; as he often did to hike and run and/or see the moon and stars. He drove throughout the area south of Pullman, Washington, west of Moscow, Idaho including Wawawai Park.

PARTIAL CORROBORATION

Mr. Kohberger intends to offer testimony of Sy Ray, CSLI expert, (cell tower, cell phone and other radio frequency, curricula vitae is attached) to show that Bryan Kohberger's mobile device was south of Pullman, Washington and west of Moscow, Idaho on November 13, 2022; that Bryan Kohberger's mobile device did not travel cast on the Moscow-Pullman Highway in the early morning hours of November 13', and thus could not be the vehicle captured on video along the Moscow-Pullman highway near Floyd's Cannabis shop.

Additional information as to Mr. Kohberger's whereabouts as the early morning hours progressed, including additional analysis by Mr. Ray will be provided once the State provides discovery requested and now subject to an upcoming Motion to Compel. If not disclosed, Mr. Ray's testimony will also reveal that critical exculpatory evidence, further corroborating Mr. Kohberger's alibi, was either not preserved or has been withheld.

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