Defense attorneys for the 28-year-old man accused of killing four University of Idaho students have now claimed the prosecution has withheld evidence.
Lead defense attorney Anne Taylor argued in court on Thursday that prosecutors didn’t turn over the full surveillance video allegedly placing the suspect’s car near the crime scene. Taylor acknowledged that she has received some of this evidence – but not all of it.
“The public needs to know that they’ve withheld the audio,” Taylor said, according to Fox News.
The suspect, who is not being named by The Daily Wire, is accused of killing Ethan Chapin, 20; Kaylee Goncalves, 21; Xana Kernodle, 20; and Madison Mogen, 21, in the early morning hours of November 13, 2022, in the college town of Moscow, Idaho. Part of the evidence against him, according to the prosecution, is surveillance footage showing the suspect’s white Hyundai Elantra near the scene of the crime at the time the murders took place.
The defense team has argued that the suspect regularly drove around late at night looking at the stars, but was not in the vicinity of the crime.
“[The suspect] was out driving in the early morning hours of Nov. 13, 2022, as he often did to hike and run and/or see the moon and stars. He drove throughout the area south of Pullman, Washington, west of Moscow, Idaho,” Taylor wrote in a court filing last month.
To back this up, the defense plans to call an expert witness “to show that [the suspect’s] mobile device was south of Pullman, Washington and west of Moscow, Idaho on November 13, 2022; that [the suspect’s] mobile device did not travel east on the Moscow-Pullman Highway in the early morning hours of November 13th,” according to the court filing.
But Latah County Prosecuting Attorney Bill Thompson said that the alibi was too vague and that the defense shouldn’t be allowed to call any witnesses other than the defendant to prove his whereabouts, Fox News reported.
“With the exception of the reference to Wawawai Park (which is new), the defendant is offering nothing new to his initial ‘alibi’ that he was simply driving around during the morning hours of November 13, 2022,” Thompson wrote in a filing last week.
The suspect has been charged with four counts of murder and one count of burglary relating to the killings.
Part of the evidence that led to the suspect’s arrest, mentioned in a previously unsealed probable cause affidavit, showed that police were able to narrow the timeframe of the crime to between 4:00 a.m. and 4:25 a.m. and reviewed video footage taken in the area in the time before and after the murders are believed to have occurred. Video showed a white Hyundai Elantra without a front license plate (front license plates are required in Washington and Idaho, but not in Pennsylvania, where the car was registered) in the area between 3:29 a.m. and 4:20 a.m.
The vehicle can be seen passing the off-campus residence three times before returning a fourth time around 4:04 a.m. and attempting to turn around on the road. The vehicle was next seen around 4:20 a.m. traveling away from the direction of the off-campus residence at high speed, heading in the direction of a road that eventually leads to Pullman, Washington, where the suspect attended Washington State University (WSU).
Video footage from the WSU campus showed a white Hyundai Elantra leaving the area and heading toward Moscow at around 2:53 a.m. At around 5:25 a.m., this vehicle was again observed on five cameras in Pullman and the WSU campus.
Police pulled records for white Hyundai Elantras registered at WSU on November 29 – just over two weeks after the murders were committed – and found one belonging to the man who was eventually arrested. Police reviewed the owner’s Washington state driver’s license and determined he matched the suspect’s physical description provided by one of the surviving roommates.
Police matched the suspect to the vehicle through two previous traffic stops in the months before the murders. They also learned that the suspect registered his car in Washington and received Washington plates on November 18 – five days after the murders.
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Police also reviewed cell phone data to show the suspect’s phone did not ping any cellular towers near the crime scene during the relevant timeframe, but an expanded examination of cell phone data showed the phone stopped reporting data to the network at around 2:47 a.m. At that time, the white Elantra was leaving Pullman and heading toward Moscow. The phone next pinged at 4:48 a.m. in an area south of Moscow, heading back to Pullman. Cell records also showed that the suspect left his home in Pullman around 9:00 a.m. on November 13 and traveled back to Moscow.
Cell records dating back to June 2022 showed the suspect’s phone was in the crime scene area on at least 12 occasions before the murders – all but one in the late evening or early morning hours.