Bryan Kohberger's Attorneys Ask To Dismiss Indictment In College Slayings

Lawyers representing Bryan Kohberger, the man accused of killing four University of Idaho students in their off-campus home, asked the court to dismiss the indictment against their client.

In a recent court filing, Kohberger's attorneys claimed that the grand jury was "misled as to the standard of proof required for an indictment."

The filing says that the jury was "erroneously instructed" the burden of proof to bring charges was a "reasonable ground for believing the defendant has committed" the alleged crimes. However, Kohberger's lawyers said the jury should have been instructed that the standard of proof required to return an indictment was "beyond a reasonable doubt."

"The failure to properly instruct a Grand Jury as to the standard of proof is grounds for dismissal of the Indictment," the filing says.

The filing comes as prosecutors are demanding the defense turn over evidence about a potential alibi for Kohberger's whereabouts when Ethan Chapin, Madison Mogen, Xana Kernodle, and Kaylee Goncalves were murdered.

"If the Defense intends to rely on alibi, it is essential that they be required to provide prompt notice so the State can fulfill its obligations under Idaho Code $19-519(2) to investigate and respond to the Notice of Alibi. Any further delays will substantially prejudice the State's rights," prosecutors wrote.