Bryan Kohberger's defense team clashed with the judge Thursday over DNA evidence, with one of the attorneys accusing the court of asking a "loaded question."
Anne Taylor, lead defense attorney for Kohberger, 28, laid out her argument for the court to consider their 12 motions to suppress DNA evidence, including some which allegedly belonged to Kohberger that was collected from the crime scene on December 27, 2022 and went through the Investigative Genetic Genealogy process as conducted by the FBI.
Investigative Genetic Genealogy (IGG), a technique that leverages public ancestry databases to pinpoint potential suspects, stands at the heart of the prosecution's case—but the defense argues it infringed upon Kohberger's constitutional rights.
"Your honor," Taylor began, "our position is that the court should suppress the IGG identification and everything that flows from that."
"This is supported by the 4th amendment of the United States Constitution, Due Process, Article 1, section 17 of the Idaho constitution."
Taylor argued that there was "no warrant" for several phases of the searches that led to the IGG work and that at all those stages a warrant was required where none was given and, thus, "must be suppressed".
Judge Steve Hippler grilled Taylor on weather or not her "client has standing to complain about the searches of the databases because as the state has posited, it wasn't his DNA that was searched, at best it was his ancestors."
"Your honor, I'm not sure why we're here if the state hasn't alleged that Bryan Kohberger's DNA was on the knife sheath," Taylor responded.
"I'm not talking about the knife sheath," the Judge said "I'm talking about what they tried to match it to."
"The way those databases work," Taylor revealed, "is looking for shared DNA. Those databases don't churn out a name and say 'this is your suspect.'"
"If I have a privacy interest against any of my relatives," Judge Hippler contested, "that might want to upload their DNA to one of those systems, I should be able to stop them from doing that? Because I share some DNA with them"?
"That is certainly not what I'm saying," Taylor said. "What I am saying is if somebody takes your DNA and uploads it, I think you have a privacy interest in your own DNA."
"If my DNA is taken lawfully, what privacy interest do I have in the search of the DNA of other?", Judge Hippler inquired.
"That's a loaded question," Taylor fired back.
"Why is it a loaded question? Isn't it a factual question?" the judge inquired.
"It is, Judge", the Defense answered. "But you're assuming that the DNA was taken lawfully."
"I agree that part is an assumption." Judge Hippler clarified that in his hypothetical he was asking why would have standing to object to the search of other people's DNA just because he might share genetic information with them because they're distant relatives."
Prosecutors allege DNA on a knife sheath found at the crime scene matches Kohberger's genetic profile and ties him to the murders.
Although prosecutors argue the DNA evidence ultimately came from a direct swab of Kohberger's cheek, the defense maintains the IGG method used lacks transparency.
"The argument for the defense as to why the DNA should be thrown out is less about the result pointing to Bryan Kohberger but more about the science," said ABC6 Action News legal analyst Brian Buckmire.
In a court filing, prosecutors maintain IGG only guided investigators toward Kohberger and was not material evidence. Yet, Kohberger's legal team insists that lack of disclosure undermines his right to a fair trial.
Taylor questioned how police zeroed in on him at a hearing last month: "The clear picture that I'm concerned about is the state's pathway of how Bryan Kohberger comes to their attention and is identified." The issue, his defense added, could shape new case law.
Previous Judge John Judge has granted Kohberger's team partial access to FBI records on IGG, as reported by the Union Leader. Forensic experts suggest this could spark nationwide debates about the balance between novel investigative techniques and privacy rights.
David Gurney, a legal scholar and director of the IGG Center, noted the defense's access to such detailed IGG records is unprecedented. He explained that the outcome of these proceedings could set a new standard for how genealogy data is utilized in criminal investigations.
Bryan Kohberger, a former criminology PhD student, is accused of the November 2022 murders of four University of Idaho students: Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin. He has maintained his innocence with a not-guilty plea. His legal team had also previously submitted a petition requesting the unsealing of evidence and public hearings.
As of Thursday, Judge Hippler did not make a ruling as to whether or not defense requests to throw out evidence will be granted. The trial continues on Friday.
