It doesn't take a rocket scientist to question that claim. If the roommate were going to say it wasn't Kohlbuggar she saw in the house I think we'd know that by now. The defense would want to be amplifying that claim.
Well, we have heard hardly anything from Bethany Funke but have heard plenty of the witness statement of Dylan (description of man that night and various noises). IIRC quite a few bits of Funke's were redacted. In any case, as the burden of proof is on the state (for the victims) to prove guilt and the defendant is entitled to know what the prosecutor's probable cause evidence is, then Ann Taylor for Kohberger will have seen all of the evidence pertaining to Funke. Funke's and Mortenson's statements will have been taken as of the time, several weeks before Kohberger was even arrested. I am guessing that Funke's differs from Mortenson's in one respect or more. There is an unsubstantiated claim that Bethany said she saw a naked man (whether at the time or another night), which could give Taylor the opportunity to argue there is another/different perpetrator. Remember, the defence role will be to cast as much doubt as possible on the prosecutor's claim of probable cause.
Taylor has a steep hill ahead of her but she will be trying every trick in the book at every stage. The first stage is to try to get the probable cause claim dismissed at the preliminary hearing and get Kohberger freed. That is never going to happen but she will be giving it a try. Problem is, if exculpatory evidence is hidden from the defence or the court, then any eventual verdict can be overturned as unsafe (see
Brady vs Maryland, which set the precedent that the prosecution MUST reveal any evidence that works in the defendant's favour).
I can't understand what is to be gained by the defence 'interviewing' Funke. should it not be a dpeosition, and even then , should that not be by a court order, rather than via the clerk of the court who signed off the subpoena for Funke to attend Idaho prehearing.
It all seems very odd to me why Funke should be appeasing the defence, when she might just as well turn up for the prehearing and be heard by all three parties (the prosecutor [for each of the victims], the court and the defence).
Early reports said Funke found the bodies, and I recall reading that Ethan Chaplin had been found in the kitchen area, when later we discovered it was actually in his bed. There is something not being revealed about what happened with Funke that night and that morning. All we know is she called her friends and her boyfriend checked upstairs whilst she was out cold in a faint outside (the boyfriend told the operator she was 'unconscious'). Of course the shock would have been enough to make anyone pass out.
Personally, IMV it is a straightforward one-man murder case.
