Will a home invasion just miles from the Idaho murder site give Bryan Kohberger's defense team an alternative suspect in the deaths of four Moscow students? Many speculate that the similarities between the crimes may support a "some other dude did it" defense.

In the meantime, during closed ex-parte hearings, defense attorneys are discussing their motion to suppress evidence stemming from law enforcement’s use of a DNA match to justify several searches. Judge Steven Hippler and the defense will reconvene with prosecutors on Thursday for formal arguments regarding the evidence and other motions. While defense attorneys have requested that the entire hearing be open to the public, Judge Hippler will decide how much of the proceedings will remain closed. Many expect the hearing to extend through Friday.

Kohberger’s defense is contesting nearly all the evidence against him, claiming police violated his rights and improperly obtained search warrants. The defense argues that all data from Kohberger’s phone, including his Google, Apple, and Amazon accounts, should be excluded from evidence, along with anything seized from his parents’ Pennsylvania home, his Washington apartment, or his car. They allege that law enforcement intentionally withheld exculpatory information from a judge to secure the warrants and that the searches were overly broad.

Despite Judge Hippler’s ruling that the death penalty remains an option for Kohberger, his defense team may argue for its removal again. The defense now alleges that the prosecution failed to meet the deadline for disclosing its list of expert witnesses for the trial. Kohberger’s attorneys claim the state’s expert witness briefs are too broad and fail to specify the scope of the opinions those experts may present at trial. While the defense has not yet moved to sanction the prosecution, their filing includes a warning that they may seek to have the death penalty removed if issues with the witness list are not resolved.

Kohberger’s defense appears to be drawing from Lori Vallow Daybell’s trial, where Judge Steven Boyce removed the death penalty after prosecutors delayed turning over thousands of documents and hundreds of hours of jail phone calls until three weeks before trial. However, a key distinction between the cases is that Vallow insisted on a speedy trial, while Kohberger has waived that timeline

Joining Nancy Grace today:

• Brian Stewart – Attorney at Parker & McConkie, Gabby Petito’s Family Attorney; Instagram: parkermcconkie
• Dr. Bethany Marshall – Author: “Deal Breaker,”  featured in hit show: “Paris in Love” on Peacock https://www.drbethanymarshall.com/ , Instagram & TikTok: drbethanymarshall, X: @DrBethanyLive
• Chris McDonough – Director at the Cold Case Foundation, Former Homicide Detective; Host of YouTube channel: “The Interview Room”   
• Scott Eicher – A founding member of the FBI’s Cellular Analysis Survey Team (C.A.S.T); Historical Cellular Analysis Expert; Former FBI agent of 22 years; Former Police Officer and Homicide Detective with Norfolk Virginia Police Dept. having served 12 years; Currently with Precision Cellular Analysis handling Criminal, Defense and Civil case   
• Dr. Kendall Crowns – Chief Medical Examiner Tarrant County (Ft Worth) and Lecturer: University of Texas Austin and Texas Christian University Medical School
• Sydney Sumner - CrimeOnline Investigative Reporter

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