Bryan Kohberger case: Idaho judge unseals transcript of closed-door IGG hearing

A judge in Idaho has unsealed a 175-page partially redacted transcript from a closed-door hearing related to the case of Bryan Kohberger, the suspect accused of murdering four University of Idaho students in November 2022. The transcript, which was released after redactions proposed by both the prosecution and defense, provides a detailed look into the legal arguments presented during a January 23 hearing. Kohberger’s defense team, led by attorney Ann Taylor, sought to challenge the credibility of investigative genetic genealogy (IGG) evidence that played a key role in identifying Kohberger as a suspect. The defense argued that this evidence was improperly omitted from the probable cause affidavit, which was used to secure warrants for Kohberger’s arrest and the searches of his property. However, Moscow Police Detective Brett Payne, the lead investigator, testified that the IGG lead was treated as a tip and that authorities conducted further investigations to independently verify the information before linking Kohberger to the crime.

During the hearing, Detective Payne explained that the IGG evidence was not included in the probable cause affidavit because it was being used as a tip to guide further investigation. He emphasized that the goal was to validate Kohberger’s potential involvement in the murders through additional evidence. Payne stated, “We made that decision in an effort to independently verify the information that was provided to us as a tip from the FBI, in much the same way we would any other tip in law enforcement. So, it was not in any way meant to obfuscate any sort of information; it was simply, can we validate Mr. Kohberger’s involvement in this incident or can we not? That was it.” This approach aligns with standard law enforcement practices, where tips are often used to direct investigations but are not relied upon as conclusive evidence until corroborated.

The case centers on the murders of four University of Idaho students—Madison Mogen, 21; Kaylee Goncalves, 21; Xana Kernodle, 20; and Ethan Chapin, 20—who were found stabbed to death in a home on November 13, 2022. A knife sheath discovered under Mogen’s body was a critical piece of evidence, as it contained a DNA sample. However, initial efforts by Idaho State Police and Othram Laboratories to generate leads from the DNA sample were unsuccessful. The FBI later stepped in, using its own resources to analyze the sample, and provided Kohberger’s name as a potential suspect to the police on December 19, 2022. Eleven days later, Kohberger was arrested at his parents’ home in Pennsylvania.

During the two-day public proceeding that followed the closed-door hearing, Kohberger’s defense team also argued that the FBI had violated his Fourth Amendment rights, which protect against unreasonable searches and seizures. The defense attempted to question witnesses about topics beyond the IGG evidence, but Judge Steven Hippler, who presided over the hearing, sustained objections from prosecutors, noting that the hearing was narrowly focused on the genetic genealogy evidence. This move by the judge underscores the legal strategy of keeping the proceedings centered on the specific evidence in question, preventing the defense from broadening the scope of the hearing to other potential issues.

Kohberger has pleaded not guilty to the charges, which were outlined in a superseding indictment. His trial is scheduled to begin in August 2023 and is expected to last for several weeks. If convicted, he could face the death penalty. The case has garnered significant attention due to the brutality of the crimes and the use of advanced investigative techniques, such as genetic genealogy, to identify the suspect. The release of the transcript from the closed-door hearing provides the public with a rare glimpse into the legal wrangling and investigative methods that have shaped the case thus far.

As the trial approaches, the stakes are high for both the prosecution and the defense. The prosecution will need to demonstrate that the evidence against Kohberger is sufficient to prove his guilt beyond a reasonable doubt, while the defense will continue to challenge the admissibility and reliability of key pieces of evidence, including the genetic genealogy research. The outcome of the trial will not only determine Kohberger’s fate but also have implications for the use of investigative genetic genealogy in future criminal cases. For now, the unsealed transcript offers a revealing look at the legal and investigative complexities of this high-profile case.