Surviving Roommate Fights Subpoena to Testify in Preliminary Hearing of University of Idaho Murders Suspect

A surviving roommate of four University of Idaho students who were murdered last November is fighting a subpoena to appear and testify at the preliminary hearing of Bryan Kohberger, a 28-year-old Pennsylvania man charged with four counts of first-degree murder.[0] One of the roommates, Bethany Funke, filed a motion to quash the subpoena, arguing that the statements made by Kohberger's defense attorney, Richard Bitonti, claiming that Funke has exculpatory information are “without support.”[1] Funke's motion also argues that the subpoena was improperly filed, as required by Nevada law, and insists that a hearing should take place before she can be compelled to testify in a trial, let alone a preliminary hearing. Kohberger's preliminary hearing is scheduled to begin on June 26 in Latah County District Court.[2]

According to court documents obtained by CNN, Bitonti wrote in an affidavit that Funke's information is unique to her experiences and cannot be provided by another witness.[3] Kohberger’s attorneys are asking a Nevada court to compel Funke to travel to Idaho and testify as a witness for Kohberger in late June.[4] However, Funke's attorney argued that there is no authority for an Idaho criminal defendant to summon a Nevada witness to Idaho for a preliminary hearing. Further, Funke's motion says the subpoena would require her to appear in court in Latah County, Idaho, in late June, and potentially for the duration of a trial against Kohberger.[5]

Kohberger was arrested on December 30, 2022, and charged with four counts of first-degree murder and burglary.[6] He is accused of fatally stabbing Madison Mogen, 21; Kaylee Goncalves, 21; Xana Kernodle, 20; and Ethan Chapin, 20, at an off-campus home in Moscow, Idaho, in the early hours of November 13, 2022. The killings occurred while two other roommates were sleeping, and they were not harmed.[7] Kohberger is being held without bail in the Latah County Jail in Idaho, awaiting a preliminary hearing in June.[8]

Funke and the other surviving roommate, Dylan Mortensen, have not spoken publicly about the case, although they honored their slain friends in letters read during a church vigil in December.[9] In her letter, Funke memorialized her friends as “gifts to this world in your own special way—and it just won't be the same without you.”[10] All parties are restricted by a court order to only refer to the public records of the case and are not allowed to make any further comments.[11]

0. “Idaho student murders: Surviving roommate fighting subpoena for testimony at preliminary hearing” Washington Examiner, 25 Apr. 2023,

1. “Surviving roommate in Idaho student murders fights subpoena to appear at Bryan Kohberger hearing as part of his defense” CBS News, 25 Apr. 2023,

2. “How could Idaho’s firing squad law affect Bryan Kohberger? Idaho’s history offers clues” AOL, 16 Apr. 2023,

3. “Surviving Idaho University roommate fights court order to testify for Bryan Kohberger's defense” Daily Mail, 24 Apr. 2023,

4. “Attorneys for the Idaho murder suspect want a surviving roommate to testify. She is resisting the effort”, 25 Apr. 2023,

5. “Surviving Idaho roommate fights against testifying in Kohberger court proceedings” The Independent, 25 Apr. 2023,

6. “New Bryan Kohberger Revelations as People Who Know Him Share Their Stories” Best Life, 17 Apr. 2023,

7. “Idaho Murder Suspect Bryan Kohberger Claims Surviving Roommate Has Evidence That May Help Clear His Name” E! NEWS, 25 Apr. 2023,

8. “Attorneys for the Idaho murder suspect want a surviving roommate to testify. She is resisting the effort” WSVN 7News | Miami News, Weather, Sports | Fort Lauderdale, 25 Apr. 2023,

9. “Witness in University of Idaho Killings Asks Judge to Quash Subpoena” Rolling Stone, 25 Apr. 2023,

10. “Surviving Roommate in Idaho Murders Asks Not to Testify in Bryan Kohberger's Trial” Jezebel, 25 Apr. 2023,

11. “Attorneys for the Idaho murder suspect want a surviving roommate to testify. She is resisting the effort” KAKE, 25 Apr. 2023,

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