Bryan Kohberger, the man charged with killing four University of Idaho students, has declined to file a pre-trial alibi, according to new court documents.
The documents say Kohberger is using Idaho Code §19-519(4) to preserve his Constitutional right to silence, and possibly to testify on his own behalf. Kohberger also remained silent at his arraignment, where the State of Idaho said it would be seeking the death penalty.
In the documents, it is written that Kohberger "could not have committed the crime of which he is accused because he was elsewhere at the time."
"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," wrote public defender Anne Taylor in the court document.
Taylor goes on to write that Kohberger's defense team is still investigating and preparing his case.
"Evidence corroborating Mr. Kohberger being at a location other than the King Road address will be disclosed pursuant to discovery and evidentiary rules as well as statutory requirements," wrote Taylor.
Kohberger's trial is scheduled to start on Oct. 2, 2023 and is expected to last for six weeks. He faces four counts and one count of felony burglary.