Bethany Funke, one of the former roommates, is being called to return to Idaho to testify at a June preliminary hearing. An investigator for the defense claims Funke could provide testimony that would be exculpatory to Kohberger.
Newser reported the affidavit signed by investigator Richard Bitonti claims Funke was "interviewed by police on several occasions" and "disclosed things she heard and things she saw." Funke's attorney is pushing back against the subpoena, arguing in a motion filed Friday that "there is no further information or detail pertaining to the substance of the testimony, its materiality, or the alleged exculpatory information of Ms. Funke or why it would be entertained at preliminary hearing."
Funke lived on the Moscow home's first floor with Dylan Mortenson, who also survived. Mortenson told police that after hearing crying in the early morning hours of Nov. 13, she opened her door and saw "a figure clad in black clothing and a mask ... walking towards her." Fox News reports she saw the figure exit via a sliding door. Kohberger has yet to enter a plea; he has been charged with four counts of first-degree murder and burglary in the deaths of Madison Mogen and Kaylee Goncalves, both 21, and Xana Kernodle and her boyfriend Ethan Chapin, both 20.
It looks like the defense is already pulling out all the stops to try and get this guy off the hook.
And the trial hasn't even started yet!
Well, best of luck to them, cause there appears to be a pile of evidence already working against Kohberger.