The legal team representing Bryan Kohberger, a 28-year-old man with a master's degree in criminal justice, is set to present arguments before an Idaho judge on Thursday, seeking to dismiss the quadruple murder indictment against him.
Kohberger is accused of brutally murdering four University of Idaho students in a pre-dawn home invasion just days before Thanksgiving last year.
Kohberger was apprehended by Pennsylvania police at his parents' residence in the Poconos, approximately seven weeks following the gruesome incident. However, in August, his defense team raised allegations of grand jury bias, inadmissible and insufficient evidence, and prosecutorial misconduct.
David Gelman, a Philadelphia-based criminal defense attorney and former prosecutor, told Fox News Digital that such a motion to dismiss is a standard move made by every defense attorney prior to trial. "If an attorney doesnt make this motion, regardless if it has merit or not, they are pretty much committing malpractice," Gelman said.
However, legal experts believe that Kohberger's arguments are unlikely to hold up in court. Neama Rahmani, a Los Angeles-based trial lawyer and former federal prosecutor, told Fox News Digital, "The defense motion raises meritless arguments and has no chance of success."
Rahmani further pointed out that the prosecution has a substantial amount of both direct and circumstantial evidence to establish probable cause. He described the defense's move as a 'Hail Mary' attempt and an effort to create more appellate issues if Kohberger is convicted and sentenced to death.
Judge John Judge will preside over two hearings on Thursday. The first, a private session, will address the grand jury allegations, which must remain confidential. A public hearing will follow to discuss Kohberger's other claims. Legal experts do not anticipate the defense succeeding in either hearing.
Edwina Elcox, a Boise defense attorney who previously represented Lori Vallow, known as the "Cult Mom," stated that the defense would need to present solid evidence to the judge to challenge the grand jury proceedings. "Legal conjecture and theory will not suffice," she said.
Even if the defense is successful, Elcox noted that the case would not simply disappear. Prosecutors would still have the opportunity to convince a judge at a preliminary hearing or secure a new indictment.
The victims of the horrific crime have been identified as Kaylee Goncalves, 21, Madison Mogen, 21, Xana Kernodle, 20, and Ethan Chapin, 20. All four students were stabbed multiple times, with some asleep when the massacre began. Investigators found a knife sheath with Kohberger's DNA under Mogen's body.
Kohberger, who was pursuing a Ph.D. in criminology at the neighboring Washington State University, drove a white Hyundai Elantra, the same type of vehicle identified by investigators as the suspect's car. According to the affidavit, he allegedly turned off his phone while traveling to and from the crime scene.
Police also allege, based on phone records, that Kohberger had stalked the victims' home on multiple occasions before the murders and drove by once more hours after the incident.
At his arraignment in May, the judge entered not guilty pleas on Kohberger's behalf. Kohberger, through a public defender at the time of his arrest in Pennsylvania, stated that he looked forward to being exonerated.
Kohberger faces four charges of first-degree murder and a felony burglary count. If convicted, he could potentially face the death penalty, possibly by firing squad.
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