Idaho Murders Survivor Could Be Forced To Testify In Bryan Kohberger's Defense

The defense lawyers of Bryan Kohberger, the primary suspect in killing four Idaho college students, are pushing to put one of the survivors on the trial stand.

Kohberger's lawyers argued that Bethany Funke, the 21-year-old housemate of the four victims, could clear the suspect from the murder charges.

"Bethany Funke has information material to the charges against Mr. Kohberger; portions of information Ms. Funke has is exculpatory to the defendant," Richard Bitonti, one of Kohberger's attorneys, said in an affidavit, the New York Post reported.

"Ms. Funke's information is unique to her experiences and cannot be provided by another witness," Bitoni added.

According to the subpoena obtained by Fox News Digital, Funke was compelled to appear at the courthouse on June 28, warning she could face a fine of $500 or 25 days in jail if she failed to attend.

However, Funke has denied she has any information that could clear Kohberger from the crime and filed a court filing challenging the subpoena thrown at her.

Funke's lawyers said the claims made by Kohberger's camp are "without support."

"There is no further information or detail pertaining to the substance of this testimony, its materiality or the alleged exculpatory information of Ms. Funke or why it would be entertained at preliminary hearing," Funke's attorneys wrote in the filing.

Funke's lawyers also stated that the Idaho court is not in a position to summon their client, who lives in Nevada, for a preliminary hearing.

Funke lived on the first floor of the off-campus apartment house at 1122 King Road in Moscow, Idaho.

She was the roommate of Dylan Mortenson, a fellow survivor who allegedly came face-to-face with Kohberger during the night of the attack.

Funke only discovered the dead bodies of her other housemates on the upper floor of their off-campus home the following morning.

Idaho authorities said the two survivors cooperated throughout their investigation and were quickly ruled out as suspects.

Meanwhile, the Idaho Supreme Court recently rejected a request by 30 news organizations seeking to lift a gag order in Kohberger's murder case.

A unanimous decision by the Idaho Supreme Court justices told the news organizations they should have brought their request to the magistrate judge who issued the gag order on the case, the Seattle Times reported.

In January, Latah County Magistrate Judge Megan Marshall issued a gag order that barred attorneys, law enforcement agencies and others involved with the case from publicly discussing it.

But the news organizations said the gag order violates the right to free speech.

Kohberger, a 28-year-old criminal justice graduate student at Washington State University, was accused of killing four University of Idaho students last Nov. 13, 2022.

Charged with four counts of first-degree murder and one count of burglary, Kohberger is expected to return to court on June 26 for his preliminary hearing.