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, https://www.washingtonexaminer.com/policy/courts/idaho-student-murders-roommate-fighting-subpoena
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, https://www.cbsnews.com/news/idaho-student-murders-bryan-kohberger-hearing-surviving-roommate-fights-subpeona/
2. “How could Idaho’s firing squad law affect Bryan Kohberger? Idaho’s history offers clues” AOL, 16 Apr. 2023, https://www.aol.com/news/could-idaho-firing-squad-law-100000409.html
3. “Surviving Idaho University roommate fights court order to testify for Bryan Kohberger's defense” Daily Mail, 24 Apr. 2023, https://www.dailymail.co.uk/news/article-12008447/Surviving-Idaho-University-roommate-fights-court-order-testify-Bryan-Kohbergers-defense.html
4. “Attorneys for the Idaho murder suspect want a surviving roommate to testify. She is resisting the effort” ABC17News.com, 25 Apr. 2023, https://abc17news.com/news/2023/04/25/attorneys-for-the-idaho-murder-suspect-want-a-surviving-roommate-to-testify-she-is-resisting-the-effort/
5. “Surviving Idaho roommate fights against testifying in Kohberger court proceedings” The Independent, 25 Apr. 2023, https://www.independent.co.uk/news/world/americas/crime/idaho-murders-kohberger-bethany-funke-b2326063.html
6. “New Bryan Kohberger Revelations as People Who Know Him Share Their Stories” Best Life, 17 Apr. 2023, https://bestlifeonline.com/news-bryan-kohberger-revelations-neighbors
7. “Idaho Murder Suspect Bryan Kohberger Claims Surviving Roommate Has Evidence That May Help Clear His Name” E! NEWS, 25 Apr. 2023, https://www.eonline.com/news/1372431/idaho-murder-suspect-bryan-kohberger-claims-surviving-roommate-has-evidence-that-may-help-clear-his-name
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, https://wsvn.com/news/us-world/attorneys-for-the-idaho-murder-suspect-want-a-surviving-roommate-to-testify-she-is-resisting-the-effort
9. “Witness in University of Idaho Killings Asks Judge to Quash Subpoena” Rolling Stone, 25 Apr. 2023, https://www.rollingstone.com/culture/culture-news/witness-university-idaho-killings-quash-subpoena-1234723699/
10. “Surviving Roommate in Idaho Murders Asks Not to Testify in Bryan Kohberger's Trial” Jezebel, 25 Apr. 2023, https://jezebel.com/surviving-roommate-in-idaho-murders-asks-not-to-testify-1850372895
11. “Attorneys for the Idaho murder suspect want a surviving roommate to testify. She is resisting the effort” KAKE, 25 Apr. 2023, https://www.kake.com/story/48785004/attorneys-for-the-idaho-murder-suspect-want-a-surviving-roommate-to-testify-she-is-resisting-the-effort
