FIRST ON FOX: A surviving housemate of four University of Idaho students killed in a home invasion knife attack told detectives she saw a bushy-eyed intruder walking out the back door with a “vacuum-type object in his hand,” after looking her in the eyes, according to newly unveiled court documents.
The revelation came in Judge Steven Hippler’s denial of 30-year-old suspect Bryan Kohberger’s motion for a Franks hearing – a rare legal proceeding in which the defendant has a chance to attack the warrants in court before trial.Â
Kohberger was arrested on Dec. 30, 2022 in connection with the home invasion massacre that happened on Nov. 13 of that year.Â
His defense had attacked the witness’ credibility, arguing that she admitted to being in a dreamlike state after witnessing the traumatic attack. The judge said the argument could be “fodder” for cross-examination at trial but had no bearing on the probable cause used to justify the suspect’s arrest.
IDAHO JUDGE DENIES BRYAN KOHBERGER DEFENSE MOTION TO SUPPRESS KEY EVIDENCE
Madison Mogen, top left, smiles on the shoulders of her best friend, Kaylee Goncalves, as they pose with Ethan Chapin, Xana Kernodle, and two other housemates in Goncalves’ final Instagram post, shared the day before the four students were stabbed to death. (@kayleegoncalves/Instagram)
Although the judge said she was likely drunk during the murders, he explained that her statements to investigators on three separate occasions included a “notably similar” description of the suspect each time. She said he was a tall White male, lean and taller than she was.
Each time, she said she heard an unknown male voice telling someone else in the house he was “here to help” and that he walked out the rear sliding door without saying anything to her. Kohberger’s defense had argued police unfairly paraphrased her comments in the original probable cause affidavit, but the judge rejected that notion.
While she left out the vacuum detail when speaking with an officer, she later mentioned it in two separate discussions with detectives.
However, she also admitted that her memory was “fuzzy and cloudy,” according to the documents.
“Everything was kind of blurry,” she told investigators. “Like I don’t fully remember it, I would say.”
Other evidence, however, corroborated her timeline and the suspect’s description, Hippler found, and leaving her confusion out of the affidavit did not impact probable cause.
Bryan Kohberger arrives at Monroe County Courthouse in Pennsylvania in advance of an extradition hearing. He’s charged with the murders of four University of Idaho students. (The Image Direct for Fox News Digital)
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“If he was exceptionally careful, and wore booties, etc., it could explain lack of other forensics,” said Paul Mauro, a retired NYPD inspector who has been closely following the case. “Especially if it was a wet vac.”
A search warrant return related to his apartment in Pullman, Washington, where he was studying for a Ph.D. in criminology, shows police took the dust container from a Bissell PowerForce vacuum from a closet near the front door, where they also found a black glove and receipts.
Read Judge Hippler’s denial of Kohberger’s motion for a Franks hearing
An online search shows Bissell’s PowerForce lineup consists of canister, or upright, vacuums, most of which appear bulky but a few of which are described as compact and lightweight. Details about the seized vacuum’s contents were not included with the filing.
BRYAN KOHBERGER DEFENSE SOUNDS ALARM ON UNIDENTIFIED BLOOD AT STUDENT MURDERS HOME
“He was probably trying to clean up hair and fiber,” said John Kelly, a criminal profiler and psychoanalyst who has interviewed multiple serial killers. Kelly has previously said he believes a suspect such as Kohberger would have used his graduate-degree experience in criminology to attempt to clean up and stage a crime scene.
Read the warrant return for Bryan Kohberger’s Washington State University apartment:
Police arrived at his Washington apartment shortly after he was arrested at his parents’ house in Pennsylvania during the winter break from classes. They found no shower curtains inside, and the trash cans had been emptied.Â
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GALLERY: Police search Bryan Kohberger’s Washington State University apartment
What they did collect were hair samples and bedding with blood on it. Detectives noted that they believed Kohberger had pre-planned the attack and may have reviewed other knife murders before the quadruple slaying. Police also searched his office but collected no physical evidence there.
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About 10 miles from where Kohberger was studying is the University of Idaho, where Kohberger is accused of killing Ethan Chapin, 20, Xana Kernodle, 20, Kaylee Goncalves, 21, and Madison Mogen, 21.Â
Previously released court documents describe the crime scene, which spread across two floors of a six-bedroom rental home on King Road in Moscow, Idaho, as significantly bloody. The house has since been demolished.
The floor plan of Bryan Kohberger’s apartment in Pullman, Washington.
They recovered a knife sheath under Mogen’s remains which allegedly had Kohberger’s DNA on it. No murder weapon has been recovered.Â
Hippler denied all of Kohberger’s attempts to attack probable cause in the search warrants.
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In one instance, he knocked the defense for arguing that details about the genetic genecology techniques used to generate leads that eventually led to Kohberger were improperly withheld from the magistrate judge who issued early warrants in the case.
“The Court concludes that the search warrants are not invalid based on the omission of Defendant’s identification through IGG because that information would have only bolstered probable cause for the searches,” Hippler wrote in his decision.
Kohberger’s trial is scheduled to start in August. He could face the death penalty if convicted.
