Bryan Kohberger fights for dismissal in Idaho college murders.

The Bid to Dismiss Bryan Kohberger’s Indictment

Attorneys for Bryan Kohberger, the man accused of killing four Idaho college students last year, are making efforts to have his indictment dismissed.

In a recent court filing on July 25, which was made public on Thursday, Kohberger’s attorneys are requesting the judge to dismiss the indictment based on the argument that the Grand Jury was misled regarding the required standard of proof for an indictment.

The Standard of Proof Argument

Kohberger’s legal team asserts that the grand jury should have been instructed that the standard of proof, based on the evidence presented to them, must be “beyond a reasonable doubt.” However, they claim this instruction was not provided to the grand jury.

According to the filing, the grand jury was given the standard of proof required for a “Presentment,” which involves having a “reasonable ground for believing that a particular individual… has committed” a specific offense. Kohberger’s lawyers argue that because the grand jury was allegedly informed they could indict based on a lower standard of proof, the indictment should be dismissed.

Seeking a New Preliminary Hearing

If the judge does not dismiss the indictment, Kohberger’s attorneys are requesting a new preliminary hearing. This hearing would allow them to present their arguments to a magistrate who would then determine whether the case should proceed.