One of two roommates who survived the slayings of four University of Idaho students in their off-campus residence in November is fighting a subpoena to appear at a preliminary hearing for suspect Bryan Kohberger.
Attorneys for Bethany Funke, 21, filed a motion Friday in district court in Washoe County, Nevada —– Funke's hometown — to quash a request by the suspect's public defender, according to court records obtained by CBS News.
The suspect's attorneys argue Funke has"information material to the charges against Mr. Kohberger; portions of information Ms. Funke has is exculpatory to the defendant," according to the affidavit signed by Richard Bitonti. Funke's motion argues that the defense's statements claiming Funke has exculpatory information are"without support," and there is no"further information or detail pertaining to the substance of the testimony." Attorneys argue that even if Funke has exculpatory information, it should not be presented at a preliminary hearing, which is set to establish probable cause, and which is not due to become a"mini-trial.
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