Kohberger exercised his right to remain silent and the judge automatically entered a not-guilty plea on his behalf earlier this year.
The court documents, submitted by Kohberger’s defense on Thursday claim on the night of the stabbings he was innocently driving around. His attorneys claim their client frequently engaged in late-night drives alone. And that he was doing so on the night in question.
The documents did not specify a particular location or time in his middle of the night driving. And there do not appear to be any in-person witnesses to Kohberger’s driving habit. But the prosecution has video of a car similar to his driving around the murder house.
The defense team emphasized that they are still reviewing evidence from the investigation, including transcripts of grand jury testimony. They indicated that there may be witnesses who can corroborate Kohberger’s alibi, though their identities and potential testimonies have not been disclosed yet.
Idaho law requires defendants to notify the prosecution if they intend to present an alibi defense, which typically involves claiming that they were elsewhere during the crime and can provide witness testimony to support this claim.