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Bryan Kohberger asks judge to throw out indictment

New court documents show the defense team is saying the prosecution misled the grand jury on the "standard of proof."

MOSCOW, Idaho — The defense team for the man accused of murdering four U of I students in November 2022 has filed a motion to dismiss the indictment against him.

According to new court documents, the defense team says the grand jury was misled about the standard of proof required for an indictment against Bryan Kohberger.

In other words, the defense claims the grand jury was "erroneously instructed" with the information presented within the case, which falls in line with dismissing the indictment.

This news comes just days after Kohberger claimed he was "elsewhere at the time" when the murders were committed. Kohberger did not specify where he allegedly was at the time of the murders, but said he reserves the right to say where he was if he is called as a witness at his trial.

It is important to note this claim is not Kohberger's alibi. Rather, it is notice of his intention to submit an alibi at a later time.

Kohberger, 28, is accused of murdering Ethan Chapin, Kaylee Goncalves, Xana Kernodle and Madison Mogen at their off campus home near the University of Idaho in November 2022.

His trial is scheduled to begin on Oct. 2, 2023.

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