Murder In Moscow: Prosecutors Want To Limit Kohberger's Alibi

Prosecutors sought to sharply limit Bryan Kohberger’s ability to present an alibi at trial, arguing that his defense had never provided the level of specificity required under Idaho law. Kohberger’s attorneys said he had been out driving alone during the early morning hours of November 13, 2022, including in areas south of Pullman and west of Moscow near Wawawai Park, and planned to use cellphone data and expert testimony to support that account. Prosecutors argued that the defense had essentially offered little more than the claim that Kohberger was driving around, without identifying a specific location where he could be placed at the time of the murders or witnesses who could verify his whereabouts. The state also emphasized that Kohberger’s phone stopped reporting to the cellular network during the critical period surrounding the killings.

By February 2025, prosecutors asked the court to prohibit Kohberger from presenting any alibi evidence through witnesses or experts and argued that, because of the defense’s alleged failure to comply with the alibi-disclosure requirements, the only person who should be allowed to testify about his claimed whereabouts was Kohberger himself. That request would have significantly restricted the defense’s ability to use expert Sy Ray and cellphone-location evidence to corroborate the claim that Kohberger was driving south and west of Moscow rather than inside the King Road house. The prosecution’s position was essentially that Kohberger had been given repeated opportunities to provide a legally sufficient alibi and had failed to do so, meaning the defense should not be allowed to expand or strengthen that claim in front of the jury.



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