Idaho prosecutors leading the case against Bryan Kohberger say his request to dismiss his indictment should be denied
In a new court filing released Thursday evening, prosecutors say Kohberger's argument for tossing the indictment "rests entirely on an erroneous legal theory," and "should be denied."
But prosecutors contested that notion in their objection, saying Kohberger's argument "is in direct conflict with Idaho Supreme Court precedent." Prosecutors said Kohberger's suggestion that "some errors in the grand jury process necessitate dismissal of the indictment without any inquiry into the potential prejudicial effect cannot be squared with Idaho Supreme Court precedent, and that in fact, "any error in the grand jury proceeding is harmless once the defendant has been afforded a fair trial."
In this June 27, 2023, file photo, Latah County Prosecutor Bill Thompson walks through the courtroom before a hearing at the Latah County Courthouse in Moscow, Idaho. Kohberger is accused of killing four University of Idaho students in November 2022.MORE: Grand jurors, officials in Trump Georgia case face threats after identities shared online: Sheriff
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