Prosecutors are asking the judge overseeing the trial of the 28-year-old man accused of killing four University of Idaho students to disallow anyone other than the accused from testifying about his alibi.
The suspect, who is not being named by The Daily Wire, claims that he regularly drove around at night to look at “the moon and stars,” but that he didn’t commit the murders of Ethan Chapin, 20; Kaylee Goncalves, 21; Xana Kernodle, 20; and Madison Mogen, 21, in the early morning hours of November 13, 2022, in the college town of Moscow, Idaho.
In a court filing this week, Latah County Prosecuting Attorney Bill Thompson said that the alibi was too vague and said the defense shouldn’t be allowed to call any witnesses other than the defendant to prove his whereabouts, Fox News reported.
“With the exception of the reference to Wawawai Park (which is new), the defendant is offering nothing new to his initial ‘alibi’ that he was simply driving around during the morning hours of November 13, 2022,” Thompson wrote in the new filing.
“As the State noted during the August 2023 hearing, the State is aware that the defendant was driving around rural areas of Whitman County, Washington, and Latah County, Idaho, during the early morning hours of November 13, 2022. In fact, the defendant’s travels during that time are described in the original Probable Cause Affidavit supporting the Criminal Complaint in this case,” Thompson added.
It took the defense more than a year to file an alibi for the suspect, who said he was simply driving around in the early morning hours when the murders occurred.
“[The suspect] was out driving in the early morning hours of Nov. 13, 2022, as he often did to hike and run and/or see the moon and stars. He drove throughout the area south of Pullman, Washington, west of Moscow, Idaho,” Anne Taylor, the suspect’s lead attorney, wrote in a court filing last month.
To back this up, the defense plans to call an expert witness “to show that [the suspect’s] mobile device was south of Pullman, Washington and west of Moscow, Idaho on November 13, 2022; that [the suspect’s] mobile device did not travel east on the Moscow-Pullman Highway in the early morning hours of November 13th,” according to the court filing.
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For this reason, the defense claims, the suspect’s car could not be the one seen on video surveillance driving on the Moscow-Pullman highway on the night of the murders.
The suspect has been charged with four counts of murder and one count of burglary relating to the killings.
Part of the evidence that led to the suspect’s arrest, mentioned in a previously unsealed probable cause affidavit, showed that police were able to narrow the timeframe of the crime to between 4:00 a.m. and 4:25 a.m. and reviewed video footage taken in the area in the time before and after the murders are believed to have occurred. Video showed a white Hyundai Elantra without a front license plate (front license plates are required in Washington and Idaho, but not in Pennsylvania, where the car was registered) in the area between 3:29 a.m. and 4:20 a.m.
The vehicle can be seen passing the off-campus residence three times before returning a fourth time around 4:04 a.m. and attempting to turn around on the road. The vehicle was next seen around 4:20 a.m. traveling away from the direction of the off-campus residence at high speed, heading in the direction of a road that eventually leads to Pullman, Washington, where the suspect attended Washington State University (WSU).
Video footage from the WSU campus showed a white Hyundai Elantra leaving the area and heading toward Moscow at around 2:53 a.m. At around 5:25 a.m., this vehicle was again observed on five cameras in Pullman and the WSU campus.
Police pulled records for white Hyundai Elantras registered at WSU on November 29 – just over two weeks after the murders were committed – and found one belonging to the man who was eventually arrested. Police reviewed the owner’s Washington state driver’s license and determined he matched the suspect’s physical description provided by one of the surviving roommates.
Police matched the suspect to the vehicle through two previous traffic stops in the months before the murders. They also learned that the suspect registered his car in Washington and received Washington plates on November 18 – five days after the murders.
Police also reviewed cell phone data to show the suspect’s phone did not ping any cellular towers near the crime scene during the relevant timeframe, but an expanded examination of cell phone data showed the phone stopped reporting data to the network at around 2:47 a.m. At that time, the white Elantra was leaving Pullman and heading toward Moscow. The phone next pinged at 4:48 a.m. in an area south of Moscow, heading back to Pullman. Cell records also showed that the suspect left his home in Pullman around 9:00 a.m. on November 13 and traveled back to Moscow.
Cell records dating back to June 2022 showed the suspect’s phone was in the crime scene area on at least 12 occasions before the murders – all but one in the late evening or early morning hours.