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Bryan Kohberger plans to say he was somewhere else when 4 University of Idaho students were murdered

Kohberger plans to argue that he "could not have committed the crime of which he is accused" because he was not at King Road at the time of the murders.

SPOKANE, Wash. — The man accused of murdering four University of Idaho students last November says he could not have committed the murders because he was "elsewhere at the time," according to new court documents.

Bryan Kohberger, 28, is currently in jail for the murders of Ethan Chapin, Kaylee Goncalves, Xana Kernodle and Madison Mogen. Ahead of his trial scheduled for October, Kohberger stated in new court documents Tuesday that he "could not have committed the crime of which he is accused" because he was not in Moscow at the time of the murders. 

Kohberger did not specify where he allegedly was at the time of the murders but said he reserves the right to say where he was if he is called as a witness at his trial.

Anne Taylor, Kohberger's defense attorney,  wrote that Kohberger "stands firm" on his right to remain silent and his right to testify on his own behalf. She said evidence showing that Kohberger was "at a location other than the King Road address" on the night of the murders will be disclosed "pursuant to discovery and evidentiary rules."

"A defendant's denial of the charges against him does not constitute an alibi, but as soon as he offers evidence that he was at some place other than where the crime of which he is charged was committed, he is raising the alibi defense," Taylor wrote in court documents.

It is important to note this claim is not Kohberger's alibi. Rather, it is notice of his intention to submit an alibi at a later time.

Kohberger was arrested at his parent's home in Pennsylvania on Dec. 30, 2022 and has been awaiting trial in the Latah County Jail since early January. Since his arrest, Kohberger has been indicted by a grand jury and chose to stand silent at his arraignment, meaning a not guilty plea was entered on his behalf. 

On June 26, the state announced they intend to seek the death penalty against Kohberger. 

On July 10, the court acknowledged Kohberger's right to a speedy trial and ordered a stay in the running of the speedy trial clock until Aug. 1, allowing him 37 extra days to review the material from the grand jury without giving up his right to a speedy trial.

His trial is scheduled to begin on Oct. 2, 2023.

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