Bryan Kohberger's attorney released his alibi Thursday evening, claiming in a court filing that he was out driving at the time four University of Idaho students were murdered in their sleep.
Five people lived at the King Road residence in Moscow, Idaho, including three of the victims - Kaylee Goncalves, Xana Kernodle, and Madison Mogen. Another victim, Ethan Chapin, was dating Kernodle and was staying at the home on Nov. 13, 2022, when all four were allegedly killed by Bryan Kohberger, who allegedly entered the home at around 4 a.m.
According to a police affidavit, one of the two survivors in the house heard a commotion and saw a masked man leave the house through a rear sliding door.
The Thursday night filing by public defender Anne Taylor states that Kohberger has "long had a habit of going for drives alone."
BRYAN KOHBERGER INDICTED IN IDAHO STUDENT MURDERS
"Often he would go for drives at night. He did so late on November 12 and into November 13, 2022. Mr. Kohberger is not claiming to be at a specific location at a specific time; at this time there is not a specific witness to say precisely where Mr. Kohberger was at each moment of the hours between late night November 12, 2022 and early morning November 13, 2022. He was out, driving during the late night and early morning hours of November 12-13, 2022" the filing states.
"Corroboration of Bryan Kohberger NOT being at 1122 King may be brought out through cross-examination of the state's witnesses. At this time, Mr. Kohberger cannot be more specific about the possible witnesses and exactly what they will say. The defense has been hampered by the state's own choices," the filing adds.
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Taylor said that if the state had chosen to move forward with a preliminary hearing, "the defense would have had the opportunity to develop testimony through cross-examination and witness presentation."
David Gelman, a criminal defense attorney and former prosecutor, told Fox News Digital he thinks what the defense is "trying to do is keep open the prospect of creating or generating an alibi, even though they don't have one."
"That's not an alibi," Gelman said. "An alibi is having an individual testify that, ‘hey, this person was here or with me.’"
"So [the defense is] really just grasping at straws and they're really just wanting to keep their case very tight to the vest and prejudice the state as much as possible," he added.
Kohberger, a former criminology Ph.D. student, was indicted on May 17 for the murders of the four students.
Because of the indictment, Kohberger's defense team didn't have a chance to argue at the June 26 preliminary hearing the evidence that was used to arrest him
Fox News' Michael Ruiz contributed to this report.
