The surviving roommate in the University of Idaho stabbings has begged not to appear at the suspect's hearing.
Bethany Funke, 21, was at her rental home in Moscow, Idaho when Kaylee Goncalves, 21, Xana Kernodle, 20, Ethan Chapin, 20 and Maddie Mogen, 21 were stabbed to death on November 13, 2022.
Supect 28-year-old Bryan Kohberger, a former criminology student, has been charged with four counts of first-degree murder and burglary.
He faces a preliminary hearing in the week of June 26 where prosecutors will begin presenting evidence - with the accused yet to enter a plea, according to authorities.
However, one of the two survivors Ms Funke, allegedly heard or witness things which could potentially exonerate the suspect.
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Investigator Richard Bitonti, who is working for Anne Taylor, Mr Kohberger's lawyer, has subpoenaed Ms Funke to appear at the accused killer's hearing on June 28.
According to the affidavit, she allegedly witnessed a naked man run through a rear sliding door. She lived on the first-floor of the home and came face-to-face with the alleged killer.
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)She is alleged to have heard or saw things which could clear the suspect as Mr Bitoni argued will be a crucial witness.
Mr Kohberger's lawyers claim Ms Funke has "exculpatory" information that is "material and necessary" to the alleged killer's defence.
If she refuses to appear she could face a potential fine of $500 or 25 days in jail.
He is accused of killing four University of Idaho students in November 2022 (Ted S Warren/AP/REX/Shutterstock)Mr Bitoni wrote in an affidavit: "'During the course of my investigation, it became known to me that [she] has information material to the charges against Mr. Kohberger."
According to police, it was Ms Funke who found the bodies of her housemates but she is now disputing the request to appear as she now lives in Nevada and not Idaho.
Her lawyer wrote: "There is no authority for an Idaho criminal defendant to summon a Nevada witness to an Idaho matter without a hearing and there is no authority to summon a Nevada witness to an Idaho matter without a Nevada judge making a finding of materiality, necessity and the lack of undue hardship."
Ms Funk's legal team has rejected the "foreign subpoena" which was issued on April 11 as they believe a judge must have a hearing before she can be forced to testify.
Mr Kohberger's defence has asked the court to make Ms Funke provide testimony as they try to challenge the probable cause used to justify his arrest.
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The suspect is currently being held in a maximum security cell at Latah County Jail in Moscow, Idaho, as he awaits his preliminary hearing.
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