Prosecution should be punished for delays in Bryan Kohberger's defense.

Prosecutors in the Idaho student murders case are being accused of inadequate disclosures by Bryan Kohberger's lawyers, who are requesting that expert witnesses be excluded from the case as a remedy.

"The state's expert disclosures are inadequate and fail to include opinions and reports, which greatly prejudices Mr. Kohberger. His defense lawyers, Anne Taylor, Jay Logsdon, and Elisa Massoth, wrote in a court filing that the sanctions must be the exclusion of the experts or an order compelling proper disclosure and an extension of Mr. Kohberger's January 23, 2025 deadline."

Without disclosures, they were unable to determine what expert evidence to prepare for court.

Kohberger's defense claims they have only received five expert reports, none of which involve DNA, despite prosecutors disclosing 25 expert witnesses.

"The lawyers stated that this is a capital murder case with complex expert issues that involve various aspects of DNA, cellular data, cell tower coverage and drive testing, car identification, crime scene and blood spatter analysis, fingerprint analysis, forensic pathology, and electronic device analysis of the suspect, victims, and alternative suspects, as well as social media accounts."

Saving Kohberger's life would be a huge win for the defense. — Neama Rahmani, former federal prosecutor

GET REAL-TIME UPDATES DIRECTLY ON THE TRUE CRIME HUB

Kohberger's team also had a deadline today to make its own disclosures.

"David Gelman, a New Jersey-based defense attorney and former prosecutor, stated that "If they violate 'Brady,' meaning they must, not shall, but must turn over all evidence, it doesn't matter if they feel it is immaterial or not.""

The defense did not receive everything it requested.

"If the state lacks possession or the evidence is absent, and the defense only wants it, then it is impossible to sanction the state. However, if the state has it but hasn't provided it yet, especially since the matter is over a year old, there will be severe consequences."

According to Neama Rahmani, a former federal prosecutor, the court may impose stricter sanctions than what the defense has requested in the future.

"The defense is doing this strategically, as if the judge agrees that the prosecution hasn't complied with its discovery obligations, he may sanction the prosecution, which could result in the death penalty being taken off the table."

In a high-profile Idaho case with multiple murder victims, it has happened before.

"In the recent Lori Vallow doomsday cult mom case in Idaho, the judge removed the death penalty due to the prosecution's delay in providing evidence. This decision would be a significant victory for the defense, as it would save the life of J.J. Kohberger."

In November 2022, Kohberger was charged with four counts of first-degree murder and felony burglary for the stabbing deaths of four University of Idaho students.

SIGN UP TO GET TRUE CRIME NEWSLETTER

A home invasion attack occurred at a six-bedroom house near campus, resulting in the death of Madison Mogen, Kaylee Goncalves, Xana Kernodle, and Ethan Chapin, all of whom were 21 years old.

One housemate survived, having seen a masked man with "bushy eyebrows" exit the back door after hearing noises of a struggle.

At the time of the murders, Kohberger was pursuing a Ph.D. in criminology at Washington State University, located approximately 10 miles away across the state border.