Idaho student murders: Surviving roommate fighting subpoena for testimony at preliminary hearing
Rachel Schilke
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A surviving roommate of four murdered University of Idaho students is fighting a subpoena compelling her to appear and possibly testify at suspect Bryan Kohberger’s preliminary hearing.
Legal counsel for Bethany Funke, one of two surviving roommates, is arguing that she should not have to testify at the hearing on June 26. Kohberger is facing four first-degree murder charges and one felony burglary charge for the murders of Xana Kernodle, 20, Ethan Chapin, 20, Madison Mogen, 21, and Kaylee Goncalves, 21.
On March 22, criminal investigator Richard Bitonti said Funke “has information material to the charges against Mr. Kohberger.”
Anne C. Taylor, Kohberger’s lawyer, requested an out-of-state service to subpoena Funke, who lives in Nevada, on March 24.
Also on March 24, Idaho Magistrate Judge Megan Marshall ruled that Funke must appear at the hearing, stating that she will not be “subject to arrest or service of any process” but may be a “material witness” called to testify.
The subpoena was issued on April 11, and Kelli Anne Viloria, Funke’s attorney, moved to quash the subpoena on April 21, according to Latah County court documents via NewsNation.
Viloria said the subpoena was “improperly issued,” and a hearing must be held before Funke gives testimony.
“There is no authority for an Idaho criminal defendant to summon a Nevada witness to Idaho for preliminary hearing,” the motion to quash states. “There is also no authority … without a hearing.”
“A preliminary hearing is not meant to become a mini-trial due to its limited purpose in deciding of probable cause,” Viloria argued. “Exculpatory evidence is an issue for trial, which the documents presented misleadingly suggest the preliminary hearing to be.”
It is unclear if there has been a response to Funke’s latest filing arguing against the subpoena. A hearing date to determine whether Funke will testify has not been set.
Other motions relating to the case have been released. The Idaho Supreme Court ruled on Monday that the gag order, which prevents family members, legal counsel, and other participating parties from speaking on the case, will remain in place. It was challenged by several media outlets.
Investigators arrested Kohberger after a six-week search that involved a nationwide search for a white Hyundai Elantra that matched the car seen in video surveillance of the area near the home.
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Officers say DNA evidence on a knife sheath and other pieces of evidence helped investigators link Kohberger to the crimes. A description from Dylan Mortensen, the other surviving roommate who said she came face to face with the killer on the second floor before he exited the home, also helped investigators link the suspect to the crime.
Funke lived in the basement, per court documents.