A judge has sided with defense attorneys for accused quadruple killer Bryan Kohberger, ordering a survivor of last year’s grisly attack in Idaho to testify in Kohberger’s defense in an upcoming preliminary hearing. However, Bethany Funke, who shared a house with the four slain college students, has fought back against the judge’s order, with her lawyer moving to quash the subpoena completely. In a court filing obtained by News Nation, Funke’s attorneys wrote that the court “has no authority” to summon Funke, who lives out of state and hasn’t been named a “material witness” in the case. Funke’s lawyer, Kelli Anne Viloria, also accused defense attorneys of trying to turn Kohberger’s preliminary hearing into a “mini trial” of its own, which she insinuated is in improper. Kohberger’s attorneys claimed Funke’s testimony is needed because she has exculpatory evidence that could prove Kohberger’s innocence. The preliminary hearing is set to begin on June 26 in Moscow, Idaho, just miles from where the slayings occurred on Nov. 13.
4/4 Funke’s attorney writes: “A preliminary hearing is not meant to become a mini-trial due to its limited purpose in deciding of probable cause.” No hearing date has been set to resolve the issue of whether or not Funke has to testify.
