The surviving Idaho university roommmate is fighting a court order for her to testify for quadruple murder suspect Bryan Kohberger.
Bethany Funke, 21, who found the bloodied bodies of her three housemates, has argued she should not have to appear because she now lives in Nevada, not Idaho.
Through her lawyers she slapped down the ‘foreign subpoena’ and said a judge must have a hearing before Funke can be required to testify.
Madison Mogen, 21, Kaylee Goncalves, 21, Xana Kernodle, 20 and Kernodle’s boyfriend, Ethan Chapin, 20, were allegedly murdered by Kohberger in November.
Bethany Funke (pictured) and surviving Idaho university roommmate is fighting a court order for her to testify for quadruple murder suspect Bryan Kohberger.
Kohberger, 28 was charged with four counts of first-degree murder and burglary in late December. He has not yet entered a plea in the quadruple homicide. His next court date is June 26 for a probable cause hearing.
She was issued a subpoened by Kohberger’s defense team to serve as a material witness in the case, with them writing that ‘it is necessary to subpoena her to be a witness.’
But her attorney slammed to move, writing: ‘There is no authority for an Idaho criminal defendant to summon a Nevada witness to Idaho for preliminary hearing.’
Court documents obtained by DailyMail.com reveal that on April 3 Evelyn Grosenick, Interim Washoe County Public Defender, sought and obtained an ex-parte Foreign Subpoena that was issued to Funke on April 11.
It said Funke was ‘required to appear’ in the Second Judicial District Court of the State of Idaho on June 28 at 8am and for the duration of the trial to testify.
(l-r) Dylan Mortenson, Xana Kernodle, Bethany Funke, Kaylee Goncalves and Madison Mogen
Kohberger during a hearing in Latah County District Court on January 5 in Moscow, Idaho
Funke lived on the first-floor of the split-level home with survivor Dylan Mortenson, the second survivor and person who came face-to-face with the killer during the attack
Funke lived on the first-floor of the split-level home with survivor Dylan Mortenson, the second survivor and person who came face-to-face with the killer during the attack.
Her house mates and the murder victims lived on the second and third floors of the home that could only be accessed through a sliding door.
Though police have not revealed where Funke and Mortenson were hours before their roommmates were killed, they confirmed both women got home just after 1am.
Their roommates, who were killed, arrived back at the house at 2am. Funke was also a member of the Pi Beta Phi sorority with Kernodle and Mogen.
Kohberger, 28 was charged with four counts of first-degree murder and burglary in late December.
He has not yet entered a plea in the quadruple homicide. His next court date is June 26 for a probable cause hearing.
The accused murderer and criminal justice major is currently being held in a maximum security cell at Latah County Jail in Moscow, Idaho.
When DailyMail.com contacted Funke’s attorney they were unable to speak due to a court order.
Kohberger, 28 was charged with four counts of first-degree murder and burglary in late December
Source: | This article originally belongs to Dailymail.co.uk
