Surviving Idaho University roommate fights court order to testify for Bryan Kohberger’s defense

A defense investigator working on the Bryan Kohberger murder case has filed a court document alleging that a surviving housemate who was in the house when her four roommates were murdered has exculpatory evidence needed for his defense.

Kohberger, a former criminology Ph.D. student is accused of fatally stabbing four of six people in an off-campus home on November 13, 2022.

The survivor, named in a Nevada lawsuit as Bethany Funke, 21, reportedly heard or saw things that could exonerate Kohberger.

Investigator RIchard Bitonti, who works for Anne Taylor, Kohberger’s court-appointed attorney, has now subpoenaed Funke to appear on June 28, and if she refuses to appear, she could face a possible $500 fine or 25 days in jail .

Kohberger’s defense team is seeking to challenge the probable cause used to justify his arrest at his scheduled preliminary hearing in June, claiming that Funke has “exculpatory” information that is “material and necessary” to the alleged killer’s defense.

It was Funke who found the bloodied bodies of her three roommates, and she has argued she didn’t have to show up because she now lives in Nevada, not Idaho.

Through her lawyers, she slammed the “foreign summons,” saying a judge must hold a hearing before Funke can be compelled to testify.

Madison Mogen, 21, Kaylee Goncalves, 21, Xana Kernodle, 20, and Kernodle’s friend, Ethan Chapin, 20, were allegedly killed by Kohberger in November.

One of the two survivors is said to have heard a commotion and witnessed a masked man exit through a sliding door at the back, according to a police statement.

The second survivor, in this case Funke, is said to have heard or seen things that could exonerate the accused, according to Bitonti’s affidavit.

Bitonti argues that the information Funke possesses is unique to her experience and cannot be provided by any other witness.

Kohberger’s defense is now asking the court to force her to testify at his scheduled preliminary hearing in June as they hope to challenge the probable cause used to justify his arrest.

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 hearing.

Funke was subpoenaed by Kohberger’s defense team to serve as a material witness in the case, writing that “it is necessary to subpoena her to testify.”

But her attorney was eager to move, writing, “There is no authority for an Idaho criminal defendant to summon a Nevada witness to Idaho for a preliminary hearing.”

Court documents obtained by DailyMail.com show that Washoe County interim public defender Evelyn Grosenick sought and obtained an ex-parte foreign subpoena on April 3 that was issued to Funke on April 11.

It said Funke was due to appear in Idaho’s Second Judicial District Court at 8 a.m. on June 28 for the duration of the trial.

A court opposing the subpoena argues that it was filed in error, and there is no authority for an Idaho criminal defendant to summon a Nevada witness to Idaho for a preliminary hearing.

The law firm representing the surviving roommate declined to comment, citing a gag order in the case.

(lr) Dylan Mortenson, Xana Kernodle, Bethany Funke, Kaylee Gonçalves and Madison Mogen

Kohberger at a hearing in Latah County District Court on Jan. 5 in Moscow, Idaho

Funke lived on the first floor of the split-level house 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 house with survivor Dylan Mortenson, the second survivor and person who came face to face with the killer during the attack.

Her roommates and the murder victims lived on the second and third floors of the residence, which was only accessible through a sliding door.

While police have not revealed where Funke and Mortenson were hours before their roommates were killed, they confirmed that both women returned home just after 1 a.m.

Their roommates, who were killed, returned to the house at 2 AM. 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 hearing.

The accused murderer and criminal justice major is currently being held in a maximum security cell at the 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