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Bryan Kohberger, who stands accused of killing four University of Idaho students, was in court Thursday for a pretrial hearing where witnesses testified about the collection of evidence and cellphone data.
Defense attorneys for Kohberger have accused prosecutors of not turning over all the evidence they had during their discovery process, which the state denies.
“Discovery is being given to us like we are living in a snow globe,” a defense lawyer told Idaho Judge John Judge.
IDAHO PROSECUTORS IN BRYAN KOHBERGER CASE FILE NEW MOTION AS DEFENSE RAISES FAIR TRIAL QUESTIONS
Bryan Kohberger appears in court in Moscow, Idaho, Oct. 26, 2023. Kohberger is accused of killing four University of Idaho students in 2022. (Kai Eiselein/Pool)
The first witness, Moscow Police Detective Brett Payne, testified Thursday that thousands of hours of surveillance video were collected as part of the investigation.
Payne told defense attorney Anne Taylor that police have thousands of hours of video from 79 businesses and residences related to the investigation. Defense lawyers also questioned whether any cellphone data evidence is missing.
Witness Sy Ray, a former Arizona police detective and founder of ZetX Corporation, which specializes in cellular geolocation mapping, testified that 2- to 3% of the cellphone data in the case is missing.
“Some of the most significant locations in the case are missing data,” Ray said.
He noted that he needs all the AT&T source data and other information for him to pinpoint where Kohberger’s phone was at the time of the murders.
“Because of the piecemealing of the data, because of the missing data, because of the data I’m reviewing that is incredibly inaccurate, everything that is missing is absolutely in benefit of the defense right now,” Ray testified, adding, “There are other reports that are missing that I can’t tell you are benefiting of Mr. Kohberger or the state.”
BRYAN KOHBERGER’S ALIBI RIPPED APART IN IDAHO PROSECUTORS’ ‘TEMPER TANTRUM’
Bryan Kohberger’s booking photo and his alleged victims Xana Kernodle, Ethan Chapin, Maddie Mogen and Kaylee Goncalves. (Monroe County Prison/Instagram)
Prosecutors allege that Kohberger is the masked man who entered a house just steps from the University of Idaho campus around 4 a.m. on Nov. 13, 2022. Four undergrad students — Maddie Mogen and Kaylee Goncalves, both 21, their housemate Xana Kernodle, 20, and her visiting boyfriend, Ethan Chapin, also 20 — were all found dead inside the home.
He faces four charges of first-degree murder and a felony burglary count.
Kohberger, a Washington State University criminology graduate student, was arrested on suspicion of the killings on Dec. 30, 2022, in his home state of Pennsylvania.
Investigators said cellphone pings placed Kohberger near the house the day of the murders, but defense lawyers have argued that he was nowhere near the house where the killings happened and was instead driving around, as he often liked to “see the moon and stars.”
Workers demolish the home at 1122 King Road in Moscow, Idaho, on Dec. 28, 2023. Four University of Idaho students were fatally stabbed in the house on Nov. 13, 2022. (Derek Shook for Fox News Digital)
Prosecutors have argued the alibi is “too vague.” Investigators allegedly found Kohberger’s DNA on a knife sheath under the body of one of the victims.
His attorneys have previously argued the DNA may have been planted at the scene and that the state has mishandled all the evidence for the defense to review. Investigators later allegedly confirmed a match with a DNA sample, which used distant relatives to make the connection to Kohberger.
A trial date has not yet been set. If convicted, Kohberger could face the death penalty.
Judge briefly adjourned the hearing for a break before returning, where DNA experts were expected to testify.
Fox News Digital’s Stepheny Price contributed to this report.
Louis Casiano is a reporter for Fox News Digital. Story tips can be sent to louis.casiano@fox.com.
