Idaho student murders: Surviving roommate fighting subpoena for testimony at preliminary hearing

A gruesome murder case has taken a new turn as one of the surviving roommates of four University of Idaho students who were brutally killed is fighting a subpoena to appear and testify at suspect Bryan Kohberger’s preliminary hearing. The legal counsel for Bethany Funke, who lived in the basement, is arguing that she should not have to testify at the hearing on June 26. Kohberger is facing four first-degree murder charges and one felony burglary charge for the murders of Xana Kernodle, 20, Ethan Chapin, 20, Madison Mogen, 21, and Kaylee Goncalves, 21.

The case has been making headlines since March 22, when criminal investigator Richard Bitonti said Funke “has information material to the charges against Mr. Kohberger.” Kohberger was arrested after a six-week search that involved a nationwide search for a white Hyundai Elantra that matched the car seen in video surveillance of the area near the home.

Anne C. Taylor, Kohberger’s lawyer, requested an out-of-state service to subpoena Funke, who lives in Nevada, on March 24. Idaho Magistrate Judge Megan Marshall ruled that Funke must appear at the hearing, stating that she will not be “subject to arrest or service of any process” but may be a “material witness” called to testify.

However, Kelli Anne Viloria, Funke’s attorney, moved to quash the subpoena on April 21, arguing that the subpoena was “improperly issued,” and a hearing must be held before Funke gives testimony. Viloria said, “There is no authority for an Idaho criminal defendant to summon a Nevada witness to Idaho for preliminary hearing.”

It remains to be seen whether Funke will have to testify. A hearing date has not been set.

Other motions relating to the case have been released. The Idaho Supreme Court ruled on Monday that the gag order, which prevents family members, legal counsel, and other participating parties from speaking on the case, will remain in place. It was challenged by several media outlets.

Investigators say DNA evidence on a knife sheath and other pieces of evidence helped link Kohberger to the crimes. A description from Dylan Mortensen, the other surviving roommate who said she came face to face with the killer on the second floor before he exited the home, also helped investigators link the suspect to the crime.

Stay tuned for updates on this chilling case.