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Bryan Kohberger bombshell as prosecution reveals new evidence that could put Idaho murder case in jeopardy

By Forrest McFarland,


PROSECUTORS have filed a new motion in the Idaho murders case about a separate "confidential" investigation that could affect Bryan Kohberger's trial.

The bombshell development comes as Bryan Kohberger prepares to stand trial after being charged with the murders of four University of Idaho students.
Prosecutors have filed a motion revealing a 'confidential internal affairs investigation' into one of the officers in the Bryan Kohberger murders case Credit: Reuters
State attorneys said in the new motion that they have become aware of 'potential Brady/Giglio material' Credit: Idaho District Court
Kohberger is slated to stand trial for the murders of four University of Idaho students (pictured) Credit: Instagram / @kayleegoncalves

State attorneys have disclosed "potential Brady/Giglio material" that apparently relates to one of the police officers involved in the investigation.

Giglio material refers to any evidence, past or present, that could "impeach the credibility of a witness," according to Fox News.

Brady material, meanwhile, is any evidence that could prove that the defendant is not guilty, the outlet reported.

"The state has become aware of potential Brady/Giglio material related to one of the officers involved in the above-referenced case," the state wrote in the motion.

"That material, in the form of a confidential internal affairs investigation, is hereby submitted in camera to the court.

"The State intends to disclose this information to the defendant's counsel," prosecutors said, while adding that the information is confidential and exempt from public disclosures.

Personnel records were mentioned in the court document and the state also requested a protective order.

Neama Rahmani, a former federal prosecutor and president of West Coast Trial Lawyers, told Fox News that the material could be related to Kohberger's case, or information about an officer's past that "impeaches their credibility as a witness at Kohberger's trial."

Prosecutors are disclosing the material because of two Supreme Court cases, Brady v. Maryland and Giglio v. United States, that require them to do so, according to the lawyer.

"In the prosecution's case, you're thinking ahead, ‘OK, I got a strong case. You know what, I'm just going to disclose everything because I don't want an appellate issue down the road,'" Rahmani, who is not involved in the Kohberger trial, said.

The attorney also suggested that prosecutors want to avoid any issues on appeal should they seek the death penalty.

Due to a gag order imposed by a judge, materials in the case are not being made public at this time.

Speaking with NewsNation, attorney, and anchor Jesse Weber explained that the worst-case scenario could involve an officer who handled key evidence in the investigation.

He said that if the officer under scrutiny made a misstep, then potentially "evidence could be thrown out."

Weber warned: "This is a big problem for the prosecution. I've seen cases thrown out."

It currently remains unknown what, if any, evidence was uncovered ahead of the motion.


Kohberger has been charged with four counts of first-degree murder and burglary in the deaths of Kaylee Goncalves and Madison Mogen, both 21, and couple Xana Kernodle and Ethan Chapin, both 20, at their off-campus apartment.

He was a PH.D. student at nearby Washington State University when the brutal killings took place.

Prosecutors allege that he stalked the home where three of the four students lived in the months leading up to the murders.

The suspected killer was at his family's home in Pennsylvania in late December when police stormed in and arrested him.

The family has yet to advocate for his innocence publicly as they struggle financially after getting laid off from their jobs, according to reports.

They have made only one public statement in the wake of the killings.

"We will continue to let the legal process unfold and as a family we will love and support our son and brother," they said in January.

"We have fully cooperated with law enforcement agencies in an attempt to seek the truth and promote his presumption of innocence rather than judge unknown facts and make erroneous assumptions."

Two other people in the apartment at the time of the killings, Dylan Mortensen and Bethany Funke, were unharmed in the violent attack.

Their testimony will likely be important at the upcoming trial, forensics expert Joseph Scott Morgan, who is not working on the case and has no direct knowledge of the investigation, said.

An official plea for Kohberger has not been submitted at this time, but his lawyer has previously suggested that he hopes to be exonerated and should be presumed innocent.

He could face execution if convicted of one of any of the murder charges.

Kohberger is currently isolated from other inmates, gets one hour a day in the jail's multipurpose room, and has access to a TV and a tablet.

The alleged murderer has reportedly lost a significant amount of weight in his first few months behind bars.

His appearance has reportedly changed drastically, but sources said that the suspect seems happy and is often smiling.

Kohberger's next court appearance is scheduled for June 26.

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