An attorney for Bryan Kohberger is asking the Latah County District judge to dismiss the grand jury indictment that led to the quadruple murder suspect’s arraignment.
The Lewiston Tribune reports that in a motion filed Tuesday, attorney Jay Logsdon argued the grand jury was misled about the standard of proof required for an indictment.
Kohberger faces four counts of first-degree murder and one count of burglary in the November stabbing deaths of University of Idaho students Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin. He faces the death penalty if convicted.
The grand jury indictment led to his arraignment in May.
Logsdon argued the grand jury was not instructed to find the burden of proof for an indictment, but instead was told to find a lesser burden of proof, which is only appropriate for a preliminary hearing. Logsdon said the indictment should be dismissed or the case should be remanded to magistrate court for a preliminary hearing.
A hearing is scheduled for Aug. 18 to discuss multiple issues, including Kohberger’s alibi defense and the judge’s order to stay time for Kohberger’s speedy trial.
