New court documents reveal that Bryan Kohberger’s defense attorneys are requesting the presence of Bethany Funke, one of the surviving roommates in a tragic stabbing attack that resulted in the deaths of four University of Idaho students.
They are urging a Nevada court to compel Funke to travel to Idaho and testify as a witness for Kohberger during his upcoming preliminary hearing, scheduled to take place in late June.
The hearing will be overseen by Magistrate Judge Megan Marshall in Moscow, Idaho, CNN reported.
It is stated in the court documents that Funke is resisting the demand to testify, adding to the legal complexities surrounding the case.
According to an affidavit from a defense investigator, Funke possesses information that is potentially exculpatory for Kohberger, which is cited as the basis for the subpoena. Funke is one of the two survivors of the attack that took place at a residence.
Court documents obtained by CNN state that the information Funke possesses is unique to her personal experiences and cannot be provided by another witness.
Funke’s attorney, Kelli Anne Viloria, has filed a motion seeking to quash the subpoena.
The motion argues that the defense’s demand lacks support and fails to provide specific details regarding the substance, materiality, or alleged exculpatory nature of Funke’s testimony.
Viloria further asserts that Nevada law requires a prior hearing before a subpoena can be issued, and insists that such a hearing must occur before Funke can be compelled to testify, especially at a preliminary hearing.
Typically, a preliminary hearing is where prosecutors present the evidence in a case to a judge, who then determines whether the trial will proceed, as reported by CNN.
It remains unclear what specific information Funke possesses and whether it has the potential to assist Kohberger’s defense and potentially prevent the case from proceeding to trial.
Written by staff