According to the objection, on the night of Nov. 12 and into the early morning hours of Nov. 13, Kohberger was allegedly driving alone. His attorneys argue, "Mr. Kohberger has long had a habit of going for drives alone. Often he would go for drives at night. He did so late on November 12 and into November 13, 2022."
According to Kohberger’s arrest affidavit, one of the surviving housemates told police she woke up at approximately 4 a.m. Nov. 13 and heard someone playing with a dog in an upstairs bedroom. Then, someone said, "There’s someone here."
In addition to the alibi that Kohberger was "driving around," his attorneys wrote in the objection, "Corroboration of Bryan Kohberger NOT being at 1122 King may be brought out through cross-examination of the state’s witnesses. At this time, Mr. Kohberger cannot be more specific about the possible witnesses and exactly what they will say."
The statement reiterated he was "out driving alone" the night of the killings.