Bryan Kohberger Murder Investigation: Prosecutors Reveal Existence of Internal Probe of Officer
Kohberger and his attorney had requested any Brady and Giglio material in their first request for discovery back in January.
Bryan Kohberger and his defense team will receive information about a member of law enforcement that could potentially impact his murder case, prosecutors informed the court this week.
Prosecutors filed a Notice of Brady Disclosure on Monday, informing the court that they had "become aware of potential Brady/Giglio material related to one of the officers involved in the [Kohberger] case."
The Notice says that the "material" is "in the form of a confidential internal affairs investigation."
Prosecutors are also seeking a protective order, saying in the filing that they will share the information with Kohberger and his counsel, but request that they be "prohibited from disseminating the information contained in the internal affairs investigation absent further order of the Court."
Because the details of the investigation are sealed, it is not clear who the officer involved is or how central to the case they are. It is also unclear why they were being investigated.
NOTICE OF BRADY DISCLOSURE IN BRYAN KOHBERGER INVESTIGATION
Kohberger and his attorney had requested any Brady and Giglio material in their first request for discovery in January.
The Brady doctrine was established following the 1963 decision handed down by the Supreme Court in Brady v. Maryland. In that case, the Court ruled that prosecutors cannot withhold exculpatory evidence from a defendant during pre-trial discovery because it violates due process.
The defendant does have to request this information though, which is why Kohberger and his attorney requested Brady materials in their first request for discovery.
Giglio v. United States is a 1972 decision that extended the Brady decision and requires prosecutors disclose to the defense any information that might impact the credibility of witnesses including law enforcement. Much like in Brady, the Court found that withholding this information violates due process.
BRYAN KOHBERGER REQUEST FOR DISCOVERY
The preliminary hearing in Kohberger case is still 12 weeks away, having been scheduled for June 26.
Kohberger will enter his plea at that time to the four counts of first-degree murder.
He has been charged with for allegedly killing Madison Mogen, 21; Kaylee Goncalves, 21; Xana Kernodle, 20; and Ethan Chapin, 20, four University of Idaho students who were found slain in an off-campus home on Nov. 13
The public defender assigned to represent Kohberger following his arrest in Pennsylvania said that Kohberger informed him that he expects to be exonerated at trial.
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