Bryan Kohberger, accused of murdering four University of Idaho students in 2022, is claiming as his alibi that he was out driving and stargazing in the early morning hours of the murders.
However, legal experts say the defense will have to strongly corroborate that stargazing was a regular habit of Kohberger’s, as the alibi itself is weak.
“Mr. Kohberger was out driving in the early morning hours of November 13, 2022; as he often did to hike and run and/or see the moon and stars,” Kohberger’s lawyers wrote. “He drove throughout the area south of Pullman, Washington, west of Moscow, Idaho including Wawawai Park.”
Phone records place Kohberger’s phone near the crime scene around the time of the murders.
“Kohberger’s defense team is submitting this alibi defense now so that they do not waive the right to raise the defense later. As alibis go, this is a very weak one,” Idaho-based litigation attorney Brian C. Stewart said. “It clearly seems to be created to conform to known evidence that cell tower data shows that he was out driving in the area at the time of the murders while attempting to muddy the waters about why he was out there alone.”
“As alibis go, this is a very weak one,” he said.
While late night stargazing drives are not inherently unusual, the defense needs evidence like past social media posts or witness accounts of similar outings to substantiate the alibi.
Prosecutors are expected to challenge inconsistencies in the timeline or argue Kohberger could still have committed the crimes.
“The defense’s intent is to try to create some sort of reasonable doubt. However, Kohberger’s explanation that he happened to be out driving and looking at the moon and stars alone in the middle of the night just isn’t a story that is likely to pass the smell test for reasonable jurors,” Stewart said. “It’s not credible, because it won’t make sense to most people.”
“While late-night stargazing drives aren’t inherently unusual, the defense needs to prove this was a regular habit for Kohberger,” criminal defense attorney David Moorhead said.
“Phone data, past social media posts, or even witness accounts of similar outings would significantly strengthen his alibi. However, the prosecution will likely challenge this by looking for inconsistencies or arguing he could have still committed the crime within the timeframe of his drive,” Moorhead said.
“A strong alibi is commonly seen as one involving testimony of a credible disinterested witness with time stamped documentation such as video footage, photos or phone or GPS records that place the defendant away from the crime scene,” criminal defense lawyer Roger V. Archibald said.
“However, most non-offenders are not able to provide credible alibis of this nature, as they may have been alone or in an undocumented space during the time of the crime,” he added. “So although Kohberger’s alibi sounds unusually weak, and would be considered such in a court of law, it is not unusual when considered within the context of his daily life.”
The victims’ family rejects the alibi, noting phone records show Kohberger’s phone was off during the likely murder window.
Kohberger is charged with four counts of murder and burglary and faces a potential death penalty.
“Now that it is here we feel even more confident in the prosecution of the Defendant. The Defense’s claim is that the Defendant was driving late at night hiking/running and stargazing. We are not sure why it has taken over a year for this to come out as those don’t seem to be complicated activities,” Kaylee Goncalves’ family said. “We believe that if this alibi had any weight it would have been submitted months ago. It is also in direct conflict with the Probable Cause affidavit that states that the Defendant’s phone was turned off between 2:47am and 4:48am.”
“We believe that if this alibi had any weight it would have been submitted months ago,” they said.
“So if the Defendant was driving around and there is cell phone information that he was in a different place it would be either before or after the times of the murders. Hence not really an alibi. We continue to look forward to justice in this case and can now put this part of the proceeding behind us. Thank you for all your support for our family!”
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