A roommate of the students slain at the University of Idaho is asking a judge to quash a subpoena demanding she appear at an upcoming hearing
The fight is over whether Bethany Funke should have to attend a preliminary hearing in Kohberger’s case, reportedly scheduled to take place in Latah County, Idaho in late June . At the preliminary hearing, prosecutors are expected to start presenting evidence, and Kohberger’s defense attorneys appear to believe Funke — whom they say was in a first-floor bedroom when the murders allegedly occurred — has information that will help clear their client.
In March, Kohberger’s defense team submitted an affidavit from a criminal investigator, Richard Bitonti, supporting their efforts to subpoena Funke. Bitonti claimed Funke — who had spoken to police on several occasions — “has information material to the charges” against Kohberger, and that “portions” are “exculpatory to the defendant.” Bitonti added, “Ms. Funke’s information is unique to her experiences and cannot be provided by another witness.
Funke’s lawyer rebuffed Bitonti’s claims in the motion filed last Friday, April 21, in Washoe County, Nevada, where Funke is from . The filing reportedly said the claims in the affidavit were “without support,” and insisted that even if Funke did have exculpatory evidence, it should be presented at trial, not a preliminary hearing. ’s request for comment, nor did the office of Kohberger’s public defender, Anne Taylor. It’s unclear when a judge is expected to rule on Funke’s motion.
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