Bryan Kohberger’s Former Defense Attorney Pokes ‘Holes’ In Evidence Of Idaho Murders

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The former defense attorney for Idaho murder suspect Bryan Kohberger believes there are “holes” in the case against his one-time client.

The lawyer, Jason LaBar, says the evidence is “strong” circumstantially, but the defense has an opportunity to “attack” some of the details as the burden of proof hardens for a conviction.

“[I]t certainly was a strong circumstantial case,” LaBar told WFMZ-TV of the affidavit, “but I believe that individually taken, the evidence could be attacked.”

“I believe there are holes in the prosecution’s case at this time,” he added in an episode of ABC’s “20/20″ on Friday.

LaBar represented Kohberger during his extradition from Monroe County, Pennsylvania, to the Latah County Jail in Moscow, Idaho, where he’s held without bail. The attorney describes Kohberger as educated and calm during their discussions.

Kohberger’s DNA

Police claim to not have the murder weapon in their possession. Rather, the probable cause affidavit states investigators found a leather knife sheath at the crime scene which contained Kohberger’s DNA.

Bryan Kohberger during a hearing in Latah County District Court.

LaBar admitted to WFMZ-TV he could not explain why the suspect’s DNA would be on the knife sheath if he were not involved in the murders.

Based on the public document, investigators built the case around DNA as well as other factors, including Kohberger’s cell phone location data.

Police tracked Kohberger’s cell phone back to the house after the murders on Nov. 13. The phone appeared near the home again at 9:12 and 9:21 am, some five hours after the attack at around 4 a.m.

In addition, cell phone pings show the phone was in the area of the home at least 12 times before the morning of the killings.

However, his phone was off at the exact time of the murder. Perhaps Kohberger had his phone in airplane mode during the attack. Either way, LaBar says the cell phone data could work in the defense’s favor.

The defense can argue Kohberger’s exact location at the time of the slayings remains unknown, he said during the “20/20” airing.

IDAHO MURDERS SUSPECT BRYAN KOHBERGER’S FACE CUT UP IN COURT APPEARANCE

Aside from the DNA and phone records, police also located Kohberger’s white Hyundai, which matches the description of the vehicle spotted near the crime scene on the morning of the murders.

Bushy eyebrows

And then there’s the description of the assailant.

The arrest filing says surviving housemate Dylan Mortensen saw a man in a facemask with what she described as “bushy eyebrows” in the hallway.

“D.M. opened her door again around 4:17 a.m. and “saw a figure clad in black clothing and a mask that covered the person’s mouth and nose walking towards her,” Moscow police officer Brett Payne wrote in the affidavit.

Why didn't Idaho massacre survivor D.M. call 911 immediately after seeing the killer? A lawyer representing a victim's family explained. (Credit: Getty Images and Instagram)
Why didn’t Idaho massacre survivor D.M. call 911 immediately? (Credit: Getty Images and Instagram)

As for a motive, police remain coy.

Later in the interview, LaBar disclosed his conversation with Kohberger to the outlet:

“The first thing I said to him was ‘Bryan, don’t tell me anything about the case. I don’t want to know any of the facts and circumstances.

“[T]hese are the allegations only, you’re presumed innocent until proven otherwise, and that’s the most important thing, because you don’t want to be judged in a court of public opinion, even though you’re going to be.”

Last Thursday, Kohberger waived his right to a speedy trial. The preliminary hearing will take place June 26.

Kohberger faces four counts of first-degree murder and a felony burglary charge for the November 13 deaths of Madison Mogen, 21; Kaylee Goncalves, 21; Xana Kernodle, 20; and Ethan Chapin, 20. 

Written by Bobby Burack

Bobby Burack covers media, politics, and sports at OutKick.

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