Kohberger's lawyers claim police deception, files motion to present evidence

BOISE, Idaho (KBOI) — The defense team for Bryan Kohberger has filed an uncommon motion with the court, one that could upend this case before it goes to trial.

Bryan Kohberger is accused of killing four University of Idaho students two years ago in November 2022. In a surprise development, Kohberger's defense team has filed a Franks Motion. CBS2's legal resource Ryan Black with Attorneys of Idaho tells us that a Franks Motion is when the defense asserts that a police officer has either lied or knowingly withheld information to a judge in order to obtain a warrant.

Ryan Black says this is a very uncommon motion, and according to court records the defense is delivering what they believe is proof that supports their Franks Motion.

Along with filing the Franks Motion, the defense has filed 12 motions to suppress specific pieces of evidence in this case, all stemming from the Franks Motion, in which they claim a police officer lied or knowingly withheld key pieces of information to obtain the warrant that led to gathering those pieces of evidence in the first place.

The list of evidence the defense wants suppressed from this case as a result includes information from Kohberger's Amazon, Apple, Google, and cellphone accounts, his cell phone data, the search warrant for his vehicle and apartment, and the arrest warrant itself.

Kohberger's defense team has filed a request for a Franks hearing, in which it states that the proffer and exhibits have been delivered to the court and prosecutors under seal. No date has been set for a Franks hearing according to court records.