Surviving roommate in student murders fights subpoena to appear at suspect's hearing

One of two roommates who survived the slayings of four University of Idaho students in their off-campus residence in November is fighting a subpoena to appear at a preliminary hearing for suspect Bryan Kohberger. 

Attorneys for Bethany Funke, 21, filed a motion Friday in district court in Washoe County, Nevada —– Funke's hometown — to quash a request by the suspect's public defender, according to court records obtained by CBS News.

Kohberger's hearing is scheduled for June 26. Funke's motion says there is no authority for "an Idaho criminal defendant to summon a Nevada witness to Idaho for a preliminary hearing."

Kohberger has to enter a plea for charges of four counts of first-degree murder and burglary in the Nov. 13 fatal stabbings in Moscow of Madison Mogen and her friend Kaylee Goncalves, both 21, and Xana Kernodle and her boyfriend Ethan Chapin, both 20.

The suspect's attorneys argue Funke has "information material to the charges against Mr. Kohberger; portions of information Ms. Funke has is exculpatory to the defendant," according to the affidavit signed by Richard Bitonti.

The affidavit says Funke was "interviewed by police on several occasions," and she "disclosed things she heard and things she saw."

Funke's motion argues that the defense's statements claiming Funke has exculpatory information are "without support," and there is no "further information or detail pertaining to the substance of the testimony." Attorneys argue that even if Funke has exculpatory information, it should not be presented at a preliminary hearing, which is set to establish probable cause, and which is not due to become a "mini-trial."

A request for comment to Funke's attorney Kelli Anne Viloria was not returned by publication.

Funke and Dylan Mortenson, the other surviving roommate, lived on the first floor of the King Road residence, the site of the stabbing.

Funke, who lived on the east side of the first floor, told investigators in an unsealed police report that on Nov. 13, the occupants of the King Road residence were home by 2 a.m., and asleep in their rooms by 4 a.m.

Mortenson, who slept in the southside bedroom, told police in unsealed court documents she opened her door for the third time after she heard the crying and saw "a figure clad in black clothing and a mask that covered the person's mouth and nose walking towards her."

The following morning they awoke to find the four students fatally stabbed. After a nationwide hunt, Kohberger was arrested in Pennsylvania on Dec. 30.

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