29 March 2023 , 17:01
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Prosecutors in the Bryan Kohberger case have disclosed there is bombshell new evidence which could jeopardise the University of Idaho's quadruple murder case.
The alleged killer is due to stand trial on June 26 but on Monday a notice of "'potential Brady/Gilgio material" was submitted to the Latah County District Attorney's Office.
Prosecutors believe Kohberger killed four students on November 13 in Moscow, Idaho while they were sleeping at an off-campus house at around 4am.
Prosecutors have disclosed the cases under two Supreme Court cases: Brady v. Maryland and Giglio v. US.
The Giglio material refers to any evidence, past or present, that could "impeach the credibility of a witness", according to Fox News.
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This refers to the officer who worked on Kohberger's case. However, the Brady material could prove the accused is not guilty
Suspect Bryan Kohberger is accused of killing four University of Idaho students (Ted S Warren/AP/REX/Shutterstock)Prosecutors wrote: "That material, in the form of a confidential internal affairs investigation, is hereby submitted in camera to the court.
"The State intends to disclose this information to the defendant's counsel."
Judge Megan Marshall granted a protective order after it was requested by prosecutors to block the materials from public view.
This is due to them being personal records and could be in relation to "anything", according to one law expert.
Neama Rahmani, a former federal prosecutor and president of West Coast Trial Lawyers, admitted the material could be related to an officer's misconduct in the case.
She told Fox News: "It could be anything. It could be, beating his wife. It could be driving fast and when he's pulled over, pulling out his badge when he shouldn't. It could be smoking weed."
Kaylee Goncalves, Madison Mogen, Ethan Chapin, Xana Kernodle were stabbed to death as they slept (ZUMA Press Wire/REX/Shutterstock)
Madison Mogen, 21, and Kaylee Goncalves, 21, were found stabbed to death in their beds (ZUMA Press Wire/REX/Shutterstock)As the judge approved a protective order the material cannot be made public by Kohberger's lawyers.
Ms Rahamni believes prosecutors are likely to disclose the material because they are anticipated to seek the death penalty for Kohberger - and will be keen to avoid any potential issues regarding appeals.
She added: "In the prosecution's case, you're thinking ahead, ‘Okay, I got a strong case. You know what, I'm just going to disclose everything, because I don't want an appellate issue down the road."
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The 28-year-old criminology student is charged with the murder of Madison Mogen and Kaylee Goncalves, both 21, Xana Kernodle, 20, and Ethan Chapin, 20 on November 13.
The suspect has not entered a plea but could face the death penalty if he's convicted of any of the four first-degree charges he faces.
Judge Megan Marshall granted a protective order that was requested by the prosecutors to shield the materials from the public (Idaho District Court)Kohberger was arrested in Pennsylvania at his family's home where he was extradited to Idaho for the trial.
He was denied bail and remains as an inmate at the Latah County Jail in Moscow, US.
According to sources within the prison has "found religion" in jail and is reportedly obsessed with following his own case from behind bars and regularly watches news coverage of his case on TV.
He also rarely interacts with other prisoners and has a "cold demeanour", it is claimed.