MOSCOW, Idaho — One of the surviving roommates of the University of Idaho students killed last year has filed a motion to fight a subpoena to testify in court, according to court documents.
The surviving roommate filed a motion in Washoe County, Nev. on April 21 seeking to dismiss a subpoena filed by the murder suspect's attorneys. That subpoena would force her to testify in the suspect's defense during his preliminary hearing in June. However, the roommate's attorney said there is no reason she should have to testify at this stage in the judicial process.
According to the affidavit of probable cause, the two surviving roommates were home when 28-year-old Bryan Kohberger allegedly killed Ethan Chapin, Kaylee Goncalves, Xana Kernodle and Madison Mogen on Nov. 13, 2021. The suspect was arrested in Pennsylvania on Dec. 30, 2021, and is currently awaiting his preliminary hearing in the Latah County Jail.
One of the roommates told police she saw the suspect leaving the house after committing the murders, while the other told police she saw the victims outside the house hours before the murders.
The roommate that did not see the suspect in the house was subpoenaed by Interim Washoe County Public Defender Evelyn Grosenick on April 11. The subpoena said the roommate is required to appear in Latah County Curt on June 28, 2023, the third day of the suspect's preliminary hearing.
According to documents, the defense believes the roommate has "information material to the charges against Mr. Kohberger" and that "portions of information [the roommate] has is exculpatory to the defendant."
The roommate's attorney argued the defense's claims are "without support and there is no further information or detail pertaining to the substance of the testimony."
Essentially, the roommate's lawyer said there was no reason why the roommate should be called to testify during the suspect's preliminary hearing.
The lawyer added there is "no authority for an Idaho criminal defendant to summon a Nevada witness to an Idaho matter without a hearing." To date, there is no official documentation or certification that lists the roommate as a material witness in a prosecution or grand jury investigation, according to the roommate's lawyer.
Kohberger's preliminary hearing is scheduled to begin on June 26, 2023.
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