Bryan Kohberger’s defense receives an unexpected lifeline

Idaho prosecutors revealed this week that a cop involved in the Bryan Kohberger case was the target of a "confidential internal affairs investigation."

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  • Bryan Kohberger, 28, is charged with the murder of four University of Idaho students.
  • Prosecutors have revealed “potential Brady/Giglio material” about a Kohberger case officer.
  • Prosecutors sought a restraining order from Magistrate Judge Megan Marshall to prevent the information from being made public.

Idaho prosecutors revealed this week that a cop involved in the Bryan Kohberger case was the target of a “confidential internal affairs investigation.”

Kaylee Goncalves, 21, Madison Mogen, 21, Xana Kernodle, 20, and Ethan Chapin, 20, were killed. Kohberger, 28, is accused of four charges of first-degree murder and theft.

On November 13, last year, four University of Idaho students have discovered slashed to death in a Moscow rented house.

Kohberger, a doctoral student at Washington State University in Pullman at the time of the murders, has not yet submitted a plea to the accusations, but a counsel who previously defended him stated that he was “eager to be exonerated.”

A preliminary trial is scheduled to start in late June.

Prosecutors filed a notification in Latah County District Court on Monday regarding “potential Brady/Giglio material” pertaining to a cop engaged in the Kohberger probe.

A Brady notice, also known as a Brady/Giglio notice, refers to attorneys’ obligation to reveal possibly exculpatory information, as directed by the Supreme Court in Brady v. Maryland.

This obligation was extended in Giglio v. United States to include information that could be used to undermine the trustworthiness of a witness.

Because the documents are employee records, Latah County Magistrate Judge Megan Marshall issued a restraining order sought by prosecutors to prevent them from being made public.

The injunction prevents Kohberger’s defense team from making the information public.

Criminal defense attorney Mark Geragos described how Brady/Giglio notifications operate during an interview on NewsNation.

“If it was simply something that would call [the officer’s] credibility into question, that would generally be Giglio.” “If it is potentially exculpatory, then that is Brady,” Geragos said.

“They call this Brady material, which leads me to believe that it’s an accusation that this is either falsified or being investigated to see if it’s falsified.”

Geragos went on to say that this “does not necessarily mean” that the internal affairs probe is connected to the Kohberger investigation.

“However, if it is in a prior case, which is typically what this is in a Brady disclosure, it can potentially be used in this case.” They can possibly use it because they can cross-examine it and question other witnesses about what occurred.”

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