Idaho murders survivor Bethany Funke fights subpoena forcing her to testify for Bryan Kohberger's defense
This article is based on sources and we have been unable to verify this information independently.
MOSCOW, IDAHO: Bethany Funke, one of the survivors of the Idaho murders, is reportedly fighting a subpoena that would force her to testify as part of suspected killer Bryan Kohberger's defense. The 21-year-old filed a motion to dismiss a subpoena filed by Kohberger's attorneys to the district court in Washoe County, Nevada.
Kohberger, 28, has been accused of fatally stabbing Kaylee Goncalves, 21, Madison Mogen, 21, Xana Kernodle, 20, and Ethan Chapin, 20, in their off-campus three-story rented home on November 13, 2022. He was arrested in Albrightsville, Pennsylvania, on December 30, 2022. Kohberger reportedly had a clean report apart from a drug problem. He was a PhD student in Washington State University’s Department of Criminal Justice and Criminology.
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The suspect's attorneys have claimed that Funke's testimony is important as it could clear the murder charges against Kohberger. However, it is unclear what claims made by Funke could lead to this result. “Bethany Funke has information material to the charges against Mr Kohberger; portions of information Ms Funke has is exculpatory to the defendant,” attorney Richard Bitonti wrote in an affidavit, according to New York Post. “Ms Funke’s information is unique to her experiences and cannot be provided by another witness.”
Funke has denied having any information that could clear Kohberger. Her lawyers have said the defense's claims are “without support.” “There is no further information or detail pertaining to the substance of this testimony, its materiality or the alleged exculpatory information of Ms Funke or why it would be entertained at the preliminary hearing,” the filing states. Funke's attorneys further argued that the court does not have the authority to call a Nevada witness to Idaho for a preliminary hearing.
Did Bethany Funke find the slain students' bodies?
While some reports have claimed that Funke found the bodies of the murdered students, sources close to the victims' families later revealed that she did not witness the crime scene as she never went upstairs. "She left the home and was outside in the chaos in the front of the house but never did go to that second floor, never did see the carnage," Ashleigh Banfield said on her NewsNation show, citing a source who has not been named. "She wasn't part of the discovery of the bodies. She was the only one living in the basement at that point," she said.
Funke lived in the house with another surviving roommate, Dylan Mortenson, who is said to have faced Kohberger at the time of the murders. Mortensen, who stayed in a bedroom on the second floor, allegedly saw a man in a mask inside the home around the time the murders are believed to have taken place. A probable cause affidavit unsealed in January this year said Moetensen opened the door after she heard crying and saw a man with bushy eyebrows, dressed in black, and wearing a mask over his nose and mouth. She heard a male voice saying, "It's ok, I'm going to help you," and she froze and eventually locked herself in her room. Ever since the revelations, Mortensen has been questioned about why she did not immediately call 911.
Can one refuse to testify despite a subpoena?
If a person believes the subpoena they received seeks information that may be difficult for them to gather or produce, they may be able to challenge it. "Should the court agree with your objections, it may nullify the subpoena. More likely, the court will limit the scope of the subpoena, set a more reasonable deadline for you to deliver the materials, and, if a voluminous amount of documents have been requested, the court may also require the other party to compensate you for making the necessary copies of each document," Digital Media Law Project states.
However, a witness who is legally obligated to appear in court through a subpoena has no option but to show up as "they could be charged with contempt of court if they do not appear. While there are valid reasons for a witness to get out of a subpoena, if they don’t show up, they could be charged with contempt – a misdemeanor offense," according to the Law Office of Amy Chapman.
‘She must attend any court procedures’
Social media reacted to Funke's refusal to testify, with one user commenting on Facebook, "I don’t understand why she wouldn’t want to testify? Even if she didn’t hear or witness anything they were still her friends and any help she can provide she should". Another said, "If she heard anything, or not is irrelevant. She was in the home when the murders happened, she is a material witness. As such her testimony is subject to cross-examination. Therefore she must attend any court procedures where what the surviving roommates may have witnesses, or not is relevant. Also, her testimony for events times prior to the murders is important, even if she heard, or saw nothing during the murders." "She was in the home. Whether or not she has any relevant information, I still feel she should be attending," one user said, while another wrote, "If she needs to attend then she needs to be there. It’s the least she can do considering four of her friends will never have the opportunity to be anywhere."
"For the defense? Is it because she allegedly didn't see or hear anything? I'm curious as to why they would want her for the defense," one user said, while another wrote, "The defense is calling her as a witness. I wouldn’t want to cooperate or help him in any way." "It is to testify for the defendant. Poor kid," one user said. "The defense probably wants her to state she’s never seen him before and/or they have never discussed him before. There’s always the torturous satisfaction element B might get out of putting her through the ordeal," said another. Another wrote, "The defense may actually try to.accuse and incriminate her while she's on the stand as an alternate theory for the jury to ponder."
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