Bryan Kohberger, accused of killing four University of Idaho students, did not provide an alibi after the state demanded one, claiming it would go against his constitutional right to stay silent.
Judge John C. Judge entered a not-guilty plea for Kohberger related to four counts of first-degree murder and one count of felony burglary on May 22. Kohberger opted to "stand silent" under the Fifth Amendment right to avoid self-incrimination.
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Kohberger's defense team said in a court filing on Monday said that offering an alibi goes against his decision to remain silent.
"A defendant's denial of the charges against him does not constitute an alibi, but as soon as he offers evidence that he was at some place other than where the crime of which he is charged was committed, he is raising the alibi defense," public defender Anne Taylor said.
Taylor said the defense is gathering evidence "corroborating Mr. Kohberger being at a location other than the King Road address," which will be disclosed at a later date.
"It is anticipated this evidence may be offered by way of cross-examination of witnesses produced by the State as well as calling expert witnesses," Taylor added.
Prosecutors announced at the end of June that they will seek the death penalty for Kohberger. He is charged with the murders of Ethan Chapin, 20, Xana Kernodle, 20, Madison Mogen, 21, and Kaylee Goncalves, 21, on Nov. 13, 2022.
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Kohberger, 28, is a criminology graduate student from Washington State University. Several pieces of evidence led investigators to charge Kohberger with murder. Evidence revealed last month showed that DNA evidence found on a knife sheath near a victim's body matched Kohberger's.
The trial date has been set for Oct. 2 at 8:30 a.m PST.