Bryan Kohberger, the suspect accused of murdering four University of Idaho students in 2022, has bolstered his legal defense by adding a prominent DNA forensic expert, Bicka Barlow, to his team. As Kohberger faces charges that could potentially lead to the death penalty, Barlow’s expertise in DNA evidence is expected to play a crucial role in his defense. Barlow, an attorney based in San Francisco, specializes in challenging the admissibility of DNA evidence in criminal cases. She has been granted permission by the court to join Kohberger’s legal team, despite being licensed in California, under a legal provision known as “pro hac vice,” which allows out-of-state attorneys to represent clients in specific cases with court approval.
Barlow’s background is highly relevant to Kohberger’s case, given the central role DNA evidence has played in linking him to the crimes. She holds a bachelor’s degree in genetics from the University of California, Berkeley, a master’s degree from Cornell University, and a law degree from the University of San Francisco School of Law. Her career began as a researching attorney in the criminal division of the San Francisco Superior Court, where she developed a deep understanding of forensic science and its application in criminal cases. Later, she founded her own private practice, focusing exclusively on cases involving DNA evidence. Barlow’s resume includes significant achievements, such as leading the first successful challenge in an American court to the admissibility of short tandem repeat (STR) DNA evidence, a common method used in forensic analysis. She is also experienced in mitochondrial DNA and Y-STR testing, which targets the Y chromosome and is often used in cases where male DNA is present.
The inclusion of Barlow on Kohberger’s defense team is a strategic move, as DNA evidence has been a key factor in the case against him. Police recovered a knife sheath from the crime scene beneath the body of Madison Mogen, one of the victims, which contained DNA on the snap. This evidence was critical in identifying Kohberger as a suspect. Additionally, the investigation utilized genetic genealogy, a technique that involves comparing DNA samples from crime scenes to genealogy databases to identify potential suspects. However, the use of this method has raised legal and ethical questions, particularly regarding privacy and the potential for abuse.
During a closed-door hearing in August 2023, which was recently unsealed, defense witness Dr. Leah Larkin testified that the FBI’s use of genealogy databases in this case violated an internal policy. Investigators accessed at least two databases that were not intended for law enforcement use, raising concerns about the legality of the process. However, Judge Steven Hippler ruled that the FBI’s actions did not violate the Constitution or undermine the probable cause used to arrest Kohberger, meaning the DNA evidence collected through these methods will likely be admissible at trial.
Kohberger’s trial is set to begin in August and is expected to last up to 15 weeks. The case has drawn widespread attention due to the brutality of the crimes and the potential for the death penalty if Kohberger is convicted. Jay Logsdon, a deputy to lead defense attorney Anne Taylor, will remain on the team as a consultant but will not represent Kohberger at trial, according to Judge Hippler’s order. This adjustment to the defense team underscores the complexity and high stakes of the case, as well as the need for specialized expertise, particularly in the realm of DNA forensics.
As the trial approaches, the families of the victims—Madison Mogen, Kaylee Goncalves, Xana Kernodle, and Ethan Chapin—continue to seek justice for their loved ones. While Barlow’s addition to the defense team introduces a layer of complexity to the case, it also highlights the meticulous nature of the legal process. The outcome of the trial will not only determine Kohberger’s fate but also set a precedent for the use of genetic genealogy in criminal investigations, raising important questions about the balance between justice and individual privacy. The case serves as a stark reminder of the enduring impact of violent crime on communities and the ongoing challenges of ensuring fairness and accuracy in the criminal justice system.
