Witness in University of Idaho Killings Asks Judge to Quash Subpoena

One of the roommates of the University of Idaho students killed last November is trying to quash a subpoena demanding she attend an upcoming hearing for suspect Bryan Kohberger, NBC News reports.

The fight is over whether Bethany Funke should have to attend a preliminary hearing in Kohberger’s case, reportedly scheduled to take place in Latah County, Idaho in late June (she would potentially have to return for the duration of the actual trial, as well). At the preliminary hearing, prosecutors are expected to start presenting evidence, and Kohberger’s defense attorneys appear to believe Funke — whom they say was in a first-floor bedroom when the murders allegedly occurred — has information that will help clear their client. (Kohberger has been charged with four counts of first-degree murder and one count of felony burglary, but hasn’t entered a plea yet.)

In March, Kohberger’s defense team submitted an affidavit from a criminal investigator, Richard Bitonti, supporting their efforts to subpoena Funke. Bitonti claimed Funke — who had spoken to police on several occasions — “has information material to the charges” against Kohberger, and that “portions” are “exculpatory to the defendant.” Bitonti added, “Ms. Funke’s information is unique to her experiences and cannot be provided by another witness.”

Funke’s lawyer rebuffed Bitonti’s claims in the motion filed last Friday, April 21, in Washoe County, Nevada, where Funke is from (Kohberger’s trial will take place in Latah County, Idaho). The filing reportedly said the claims in the affidavit were “without support,” and insisted that even if Funke did have exculpatory evidence, it should be presented at trial, not a preliminary hearing. (Additionally, the filing raised jurisdictional issues, arguing a criminal defendant in Idaho cannot summon a Nevada witness to Idaho for a preliminary hearing.)

A lawyer for Funke did not immediately return Rolling Stone’s request for comment, nor did the office of Kohberger’s public defender, Anne Taylor. It’s unclear when a judge is expected to rule on Funke’s motion.

Funke has yet to speak publicly about the case, nor has the other surviving roommate, Dylan Mortensen; both, however, did write tributes to their friends who were killed, which were read during a vigil in December. The four victims were Funke and Mortensen’s roommates: Maddie Mogen (21), Kaylee Goncalves (21), and Xana Kernodle (20), as well as Kernodle’s boyfriend, Ethan Chapin (20). 

The four victims were found stabbed to death in their off-campus home last November after the other two roommates called 911 about an unconscious person. Little information was immediately shared, and a six-week investigation followed before Kohberger was arrested and charged (in this vacuum, and even after Kohberger’s arrest, the case became particularly popular on the true crime corners of TikTok).