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(WILMINGTON, Del.) — President Joe Biden’s son Hunter Biden was in federal court on Wednesday as a judge weighed whether to reject or accept the terms of a plea deal he negotiated last month with federal prosecutors.

Judge Maryellen Noreika, who is presiding over the case in Delaware federal court, deferred the plea deal after an hourslong, contentious hearing. She expressed concerns with the structure of the agreement and requested additional briefings from both parties in the coming weeks before determining the next steps.

“I’m not going to say I’m going to accept the agreement, I’m not going to say I’ll deny it,” she said, acknowledging that her probing threw “a little bit of a curveball” into the proceeding.

Noreika was confirmed as a district judge in the District of Delaware in August 2018, following a nomination by former President Donald Trump in December 2017 to fill a seat vacated by Gregory Sleet upon his pending retirement.

Noreika worked in private practice from 1993 to 2018 prior to becoming a federal judge, according to her federal biography.

She graduated from the University of Pittsburgh School of Law in 1993. She also holds a graduate degree from Columbia University and a bachelor of science from Lehigh University.

The initial plea deal came following a five-year Justice Department probe.

Federal authorities with the U.S. attorney’s office in Delaware, led by U.S. Attorney David Weiss, a Trump-era appointee, had been investigating Hunter Biden since 2018.

Prosecutors have examined whether he paid adequate taxes on millions of dollars of his income, including money he made from multiple overseas business ventures. They also explored allegations that Hunter Biden lied about his drug use on a gun application form in 2018, despite later acknowledging that he was addicted to drugs around that time.

In June, Hunter Biden agreed to plead guilty to a pair of tax-related misdemeanors and enter into a pretrial diversion agreement that would enable him to avoid prosecution on one felony gun charge.

After the plea deal fell apart on Wednesday, Hunter Biden entered a not guilty plea to the charges.

Republican lawmakers have for weeks publicly decried the plea agreement as a “sweetheart deal.”

Ahead of Wednesday’s court appearance, Republicans pressed Noreika to consider denying his plea agreement until the court reviews testimony from a pair of IRS whistleblowers.

According to an attorney for the GOP-led House Ways and Means Committee in court documents filed Tuesday, the two whistleblowers have said the younger Biden “appears to have benefitted from political interference which calls into question the propriety of the investigation.”

The White House has repeatedly sought to distance the president from the probe. President Joe Biden has said he and his son never discussed his foreign business dealings and there are no indications that the federal investigation has involved the president in any way.

ABC News’ Lucien Bruggeman contributed to this report.

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(WILMINGTON, Del.) — A dramatic scene unfolded in federal court in Delaware on Wednesday as a plea deal struck between prosecutors and President Joe Biden’s son Hunter Biden fell apart — for now — amid the judge’s concerns over the terms of the agreement.

For the better part of three hours, U.S. District Judge Maryellen Noreika scrutinized nearly every facet of the plea deal — prompting shrugs, audible exhales, frantic glances and other expressions of discontent from the government’s attorneys and defense counsel alike.

Noreika acknowledged that her probing threw “a little bit of a curveball” into the proceeding.

Hunter Biden had originally agreed to acknowledge his failure to pay taxes on income he received in 2017 and 2018. In exchange, prosecutors would have recommended probation, meaning he would likely have avoided prison time.

Hunter Biden also would have agreed to a pretrial diversion on a separate gun charge, with the charge being dropped if he adhered to certain terms.

In Washington, Democrats have hailed Biden’s possible plea as a sign of accountability while Republicans panned the details as a “sweetheart deal.”

In court on Wednesday, Noreika, a Trump appointee, raised concerns about the parties linking Hunter Biden’s tax plea agreement to the deal on the gun charge and over whether or not a provision in the deal would grant Hunter Biden blanket immunity — meaning that the government would not prosecute more broadly going forward.

Noreika ultimately deferred the plea deal after the hearing, lamenting on multiple occasions the deal’s “form over substance.”

On several occasions, she took issue with the agreement, including describing it as “atypical” and “not straightforward.”

“I have concerns about the agreement, and that’s why I’m asking these questions,” Noreika said during the hearing, also saying, “I’m trying to exercise due diligence.”

Even if the two sides strike a revised deal, the judge appeared to raise questions about the probation agreement: “I can’t predict if I will agree if that’s an appropriate sentence or not.”

In the interim, Hunter Biden entered a not-guilty plea.

The three-hour hearing featured several turbulent interludes. Noreika’s line of questioning about the possible immunity agreement exposed fissures between the two parties, and the discussion culminated in prosecutors threatening to bring charges under the Foreign Agents Registration Act.

That prompted Chris Clark, an attorney for Biden, to say: “As far as I’m concerned, the plea agreement is null and void” — stirring the courtroom into audible gasps.

The hearing was punctuated by multiple recesses, including in the immediate aftermath of Clark’s statement, during which lawyers scrambled to negotiate their way out of divergent perspectives on the immunity deal.

For the next 30 minutes, the parties fell into a pattern of negotiation, consulting in the middle of the courtroom with opposing counsel, retreating to their corners to discuss and repeating.

At one point, a visibly frazzled Clark approached prosecutors with arms stretched wide, threatening to “rip it up” and looking to U.S. Attorney David Weiss, another Trump appointee. “Does anyone want to talk about this?” Clark said.

“Really bad for everyone … no good,” Clark was overheard telling prosecutors moments later.

The dispute seemed to arrive at something of an impasse.

During one recess, as the parties awaited the judge’s return to the bench, Abbe Lowell, a seasoned defense attorney who is handling other matters for Hunter Biden, approached Weiss and introduced himself. “Looks like I’m going to be involved in the fray now,” he said, before shaking his hand and returning to his seat in the gallery.

Meanwhile, a visibly agitated Hunter Biden transitioned from sitting to standing, summoning various members of his legal team to discuss developments, and consulting with Clark. Across the room, Weiss appeared to share Hunter Biden’s demeanor.

At one point, shortly before the judge returned, Hunter Biden chuckled at something his friend and attorney, Kevin Morris, whispered in his ear.

Noreika ultimately requested additional briefing from the parties in the coming weeks before determining next steps.

“I’m not going to say I’m going to accept the agreement. I’m not going to say I’ll deny it,” she said.

Toward the end of the hearing, she herself lashed out at the situation — repeatedly saying she felt as though she was being asked to “rubber stamp” the deal.

In the end, she did not.

Copyright © 2023, ABC Audio. All rights reserved.

(WASHINGTON) — President Joe Biden’s son Hunter Biden is appearing in a Delaware courthouse Wednesday to formally agree to the plea deal he negotiated last month with federal prosecutors, in what could bring a close to the Justice Department’s yearslong probe into the younger Biden’s business affairs.

Here’s how the news is developing. All times Eastern:

Jul 26, 7:20 AM EDT
Hunter Biden’s legal team threatened with sanctions

Less than 24 hours before Hunter Biden was expected in federal court, the judge overseeing his case threatened his legal team with sanctions after she found that a staffer might have “misrepresented her identity” in communications with the court clerk.

The bizarre saga played out Tuesday on the court’s public docket, where Ted Kittila, an attorney for the GOP-led House Ways and Means Committee, shared Hunter Biden’s taxpayer information as part of an effort to intervene in the case.

Chris Clark, an attorney for Hunter Biden, asked Kittila to seal the information, and when Kittila refused, a member of the firm representing Hunter Biden reached out to the court seeking to have it removed from the docket.

Judge Maryellen Noreika wrote late Tuesday that, having “discussed the matter with the relevant individuals,” Jessica Bengels, an attorney with Clark’s firm, “represented that she worked with Mr. Kittila and requested the amicus materials be taken down.”

“It appears that the caller misrepresented her identity and who she worked for in an attempt to improperly convince the Clerk’s Office to remove the amicus materials from the docket,” Noreika wrote.

Noreika asked Hunter Biden’s legal team to explain why she should not level sanctions against them. In response, Matthew Salerno, an attorney for Biden, called it “an unfortunate and unintentional miscommunication,” dispelling Noreika’s suggestion that it might have been a nefarious ploy to have a docket entry suppressed.

“We have no idea how the misunderstanding occurred,” wrote Salerno. “But our understanding is there was no misrepresentation.”

Jul 26, 6:56 AM EDT
Republicans urge judge to block Hunter Biden plea deal

Republicans embarked on a long shot bid in the hours leading up to Hunter Biden’s expected arrival in court to press Judge Maryellen Noreika to consider denying his plea agreement until the court reviews testimony from a pair of IRS whistleblowers.

Those whistleblowers, according to an attorney for the GOP-led House Ways and Means Committee in court documents filed Tuesday, have said the younger Biden “appears to have benefitted from political interference which calls into question the propriety of the investigation.”

Experts said it would be exceedingly rare for the judge to deny a plea deal negotiated in good faith. But Theodore Kittila, the attorney for the House panel, wrote that the judge should “evaluate” the IRS whistleblowers’ remarks before ruling, claiming that “plea negotiations were tainted by improper conduct at various levels of government.”

The judge did not indicate whether she would consider Republicans’ arguments at Wednesday’s hearing.

Republican lawmakers have for weeks publicly decried Hunter Biden’s plea agreement as a “sweetheart deal” and called on the judge to either delay Wednesday’s hearing or reject it outright. Experts have told ABC News that both scenarios are unlikely.

Jul 26, 6:52 AM EDT
Judge will weigh Hunter Biden’s plea deal with DOJ

A federal judge will have the opportunity to either reject or accept the terms of the plea deal Hunter Biden struck with the Justice Department last month.

Judge Maryellen Noreika will preside over the younger Biden’s initial court appearance in the case, set to take place in a Delaware courtroom.

According to the plea agreement, Hunter Biden has agreed to acknowledge his failure to pay taxes on income he received in 2017 and 2018. In exchange, prosecutors will recommend probation, meaning he will likely avoid prison time.

He will also agree to a pretrial diversion on a separate gun charge, with the charge being dropped if he adheres to certain terms.

“I know Hunter believes it is important to take responsibility for these mistakes he made during a period of turmoil and addiction in his life,” Christopher Clark, an attorney for Hunter Biden, said in a statement last month. “He looks forward to continuing his recovery and moving forward.”

Copyright © 2023, ABC Audio. All rights reserved.

(WASHINGTON) — President Joe Biden’s son Hunter Biden is appearing in a Delaware courthouse Wednesday to formally agree to the plea deal he negotiated last month with federal prosecutors, in what could bring a close to the Justice Department’s yearslong probe into the younger Biden’s business affairs.

Here’s how the news is developing. All times Eastern:

Jul 26, 6:56 AM EDT
Republicans urge judge to block Hunter Biden plea deal

Republicans embarked on a long shot bid in the hours leading up to Hunter Biden’s expected arrival in court to press Judge Maryellen Noreika to consider denying his plea agreement until the court reviews testimony from a pair of IRS whistleblowers.

Those whistleblowers, according to an attorney for the GOP-led House Ways and Means Committee in court documents filed Tuesday, have said the younger Biden “appears to have benefitted from political interference which calls into question the propriety of the investigation.”

Experts said it would be exceedingly rare for the judge to deny a plea deal negotiated in good faith. But Theodore Kittila, the attorney for the House panel, wrote that the judge should “evaluate” the IRS whistleblowers’ remarks before ruling, claiming that “plea negotiations were tainted by improper conduct at various levels of government.”

The judge did not indicate whether she would consider Republicans’ arguments at Wednesday’s hearing.

Republican lawmakers have for weeks publicly decried Hunter Biden’s plea agreement as a “sweetheart deal” and called on the judge to either delay Wednesday’s hearing or reject it outright. Experts have told ABC News that both scenarios are unlikely.

Jul 26, 6:52 AM EDT
Judge will weigh Hunter Biden’s plea deal with DOJ

A federal judge will have the opportunity to either reject or accept the terms of the plea deal Hunter Biden struck with the Justice Department last month.

Judge Maryellen Norieka will preside over the younger Biden’s initial court appearance in the case, set to take place in a Delaware courtroom.

According to the plea agreement, Hunter Biden has agreed to acknowledge his failure to pay taxes on income he received in 2017 and 2018. In exchange, prosecutors will recommend probation, meaning he will likely avoid prison time.

He will also agree to a pretrial diversion on a separate gun charge, with the charge being dropped if he adheres to certain terms.

“I know Hunter believes it is important to take responsibility for these mistakes he made during a period of turmoil and addiction in his life,” Christopher Clark, an attorney for Hunter Biden, said in a statement last month. “He looks forward to continuing his recovery and moving forward.”

Copyright © 2023, ABC Audio. All rights reserved.

(NEW YORK) — You still have a chance. The Mega Millions jackpot has jumped to $910 million after Tuesday night’s drawing ended without a winner.

The numbers drawn late Tuesday night were: 3, 5, 6, 44, 61 and gold Mega Ball 25.

The next drawing for Mega Millions and its nearly billion-dollar prize is on Friday. It has an estimated cash payout of $464.2 million.

There have been no Mega Millions jackpot winners in 27 consecutive drawings, since the grand prize was last won on April 18. Players must match all five numbers plus the Mega Ball number to claim the jackpot.

The estimated $820 million prize that was offered in Tuesday’s drawing was the fifth-largest jackpot in Mega Millions history, and eighth largest in U.S. lotto history when also factoring in Powerball jackpots.

The previous four times the Mega Millions jackpot crossed $700 million, it grew to over $1 billion, with winners in 2018, 2021, 2022 and January 2023.

Mega Millions is played in 45 states, Washington, D.C., and the U.S. Virgin Islands. Tickets are $2 for one play.

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(WILMINGTON, N.C.) — The Marine Corps has identified the three Marines who were found dead inside a vehicle in North Carolina over the weekend.

Camp Lejeune identified the men as Marine Corps Lance Cpl. Merax C. Dockery, 23, from Pottawatomie, Oklahoma, Marine Corps Lance Cpl. Ivan R. Garcia, 23, from Naples, Florida and Marine Corps Lance Cpl. Tanner J. Kaltenberg, 19, from Madison, Wisconsin.

The Pender County Sheriff’s Office said deputies responded to a call at 9 a.m. on Sunday to look into a report of a missing person.

During their investigation authorities discovered the bodies of the three men inside a car at a Speedway convenience store in Hampstead, North Carolina, Pender County Sheriff’s Office said in a press release on Tuesday.

“My deepest sympathy and condolences are extended to the family, friends and colleagues of Lance Cpl. Kaltenberg, Lance Cpl. Dockery and Lance Cpl. Garcia,” Brig. Gen. Michael E. McWilliams, commanding general of the 2nd Marine Logistics Group, said in a press release. “Our focus is providing the necessary resources and support to those impacted by their tragic loss as they navigate this extremely difficult time.”

Garcia entered active duty in July 2019, Dockery in June 2020 and Kaltenberg in May 2021, according to the Marine Corps.

The Pender County Sheriff’s Office is investigating the incident and did not immediately respond to ABC News’ request for additional information.

Sgt. Chester Ward of the Pender County Sheriff’s Office said the department had received a missing person report for one of the three Marines, but he declined to share details. No drugs were found in the vehicle, he said.

“We do not suspect anything as far as foul play in that matter,” Sgt. Chester Ward of the Pender County Sheriff’s Office told The Associated Press.

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(LOS ANGELES) — The Los Angeles County Sheriff’s Department said it’s investigating a transgender man’s violent arrest after he and his lawyer released surveillance footage of the February encounter.

Emmett Brock, 23, told ABC News that he was beaten by a Los Angeles County Sheriff’s deputy after he gave the middle finger to the officer who Brock alleges was behaving harshly toward a woman on the side of the road. Surveillance footage of the arrest was obtained by Brock’s attorney from a nearby store and released to ABC News.

“The Los Angeles County Sheriff’s Department takes all use of force incidents seriously,” the department said in a statement Tuesday.

The statement added, “The Department is investigating the information and allegations brought forward by Mr. Brock and his attorney. Unfortunately, we cannot comment any further at this time due to the pending litigation in this matter.”

Brock said the incident began when he was driving and observed the deputy “just acting in a very domineering, abusive way towards this woman on the street.”

After making the gesture to the deputy, Brock said the same deputy hopped in his car and began following him. Brock said he proceeded to deviate from his route to see if the deputy would keep following him.

Brock said he called 911 and claims he was told “If he doesn’t have lights or sirens on, he’s not pulling you over. If he hasn’t pulled you over, he hasn’t pulled you over. Continue to your destination.”

Brock pulled into a 7-Eleven parking lot when the deputy’s car pulled in behind him and turned his lights on before Brock got out of the car, which can also be seen in the surveillance footage.

As Brock got out of his car, the deputy can be seen in the footage approaching Brock, grabbing him and throwing him to the ground.

“He’s on top of me very quickly,” Brock told ABC News. “I took a step and then immediately was just grabbed, thrown on my head. He punched me, I think, about 10 times with a closed fist on both sides of my head — just beating me and I was bleeding from my ears, and my face was hugely swollen.”

The deputy can be seen in the video hitting Brock while the two were on the ground.

He alleges that officers told him he was arrested for resisting but would not tell him why exactly he was approached by police in the first place.

The deputy has been identified in local news reports as Joseph Benza. Benza’s attorney Tom Yu told ABC-owned station KABC that his client was trying to take control of the situation when Brock apparently tried to walk away from the traffic stop.

“A traffic stop is inherently dangerous,” Yu told KABC. “It evolves very fast, very rapidly. You don’t know if a person is armed. So my client immediately took control of that situation in an attempt to stop Mr. Brock from walking away from that traffic stop.”

Brock says when he revealed in a local jail he is transgender deputies began asking “invasive” questions about his gender identity and genitalia and allegedly made him expose himself to a female officer inside a restroom, after which he says he was placed in a women’s holding cell.

Brock has been charged with two misdemeanor charges, including battery against a police officer and resisting arrest. Brock has pleaded not guilty to the charges.

He said he is pursuing legal action against the Los Angeles County Sheriff’s Department.

The sheriff’s department did not release the arresting officer’s name to ABC News.

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(WASHINGTON) — Harvard University’s practice of legacy admissions is being probed by the U.S. Department of Education’s Office for Civil Rights, a spokesperson for the agency told ABC News.

The investigation comes a month following the Supreme Court’s 6-3 decision on Students for Fair Admissions (SFFA) v. Harvard that struck down race-based affirmative action for colleges and universities.

Lawyers for Civil Rights filed the complaint against Harvard earlier this month contending that preferential treatment is given to children of wealthy donors and alumni.

“Nearly 70% of Harvard’s donor-related and legacy applicants are white, and they receive a substantial boost based on their status. Donor-related applicants are nearly 7 times more likely to be admitted than non-donor-related applicants, and legacies are nearly 6 times more likely to be admitted,” the complaint alleged.

Lawyers for Civil Rights further contended 28% of Harvard’s 2019 graduating class were legacies.

“Qualified and highly deserving applicants of color are harmed as a result, as admissions slots are given instead to the overwhelmingly white applicants who benefit from Harvard’s legacy and donor preferences,” according to the complaint.

The Department of Education declined to give more information about their investigation but said it involved Title VI of the Civil Rights Act of 1964. Title VI prohibits discrimination on the basis of race, color or national origin.

Nicole Rura, a spokeswoman for Harvard, said in a statement that the school is reviewing “aspects” of its admissions policies following the Supreme Court decision.

“Our review includes examination of a range of data and information, along with learnings from Harvard’s efforts over the past decade to strengthen our ability to attract and support a diverse intellectual community that is fundamental to our pursuit of academic excellence,” she said in a statement.

Rura added that the school’s administration is “redoubling our efforts to encourage students from many different backgrounds to apply for admission.”

Last week, Wesleyan University’s president announced that he would be ending legacy admissions for the school.

“In the wake of this [Supreme Court] decision where the court said you can’t use the affiliation of an applicant with a racial group. Well, I don’t think you should be able to use it with affiliation with your alumni group,” Wesleyan University President Michael Roth told ABC News’ “Start Here.”

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(MIAMI) — Preliminary ocean temperature off the coast of South Florida reached triple digits, which could be a global record, according to experts.

A buoy in Manatee Bay, Florida, reported a preliminary high ocean temperature of 101.1 degrees Monday afternoon, according to meteorologists.

High water temperatures in the ocean are extremely uncommon, however, scientists have categorized the very significant marine heat wave in the region as unprecedented, experts said.

Neighboring buoys are not reporting the same triple-digit temperature. Those buoys are reading more in the mid to upper 90’s, according to meteorologists.

Ocean temperatures have a strong connection to climate change. The United Nations panel on climate change says it’s “virtually certain” the ocean has warmed unabated since 1970 and has absorbed more than 90% of excess heat from the climate system.

The last 10 years were the ocean’s warmest decade since at least the 1800s, according to NASA.

2022 was the ocean’s warmest recorded year on record and with the highest global sea level, experts said.

In addition to the preliminary reading in Florida that could be a global record, ocean temperature readings are also breaking records in the North Atlantic and Mediterranean this week.

Maritime heat wave conditions are forecasted to continue through September in the North Atlantic, and may last until the end of the year, according to the National Oceanic and Atmospheric Administration.

Oceans all over the world are experiencing warmer-than-normal temperatures, with 44% of the global ocean currently experiencing a maritime heat wave, according to NOAA.

For over a month, dangerous heat indexes have blanketed Florida. Miami hit a heat index, or the feels-like temperature, of 108 degrees on Tuesday, according to the National Weather Service.

Last week, triple-digit heat indexes extended a record that Miami had broken the week before, according to the National Weather Service.

“When you’re breaking records by such large margins, that’s what makes it alarming. We’re not even close to what the previous record was, let alone the average,” Brian McNaldy, senior research associate at the University of Miami’s Rosenstiel School of Marine, Atmospheric, and Earth Science, told ABC News last week.

While land temperatures were about 95 degrees in South Florida last week, ocean temperatures clocked in at about 94 degrees — up 7 degrees warmer than they should be this time of year. Water temperatures do not typically measure this high until late August or early September, according to experts.

ABC News’ Julia Jacobo and Ginger Zee contributed to this report.

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(MOSCOW, Idaho) — Lawyers for Bryan Kohberger, the man accused of killing four Idaho college students last year, are leaving the door open regarding whether they will offer an alibi defense at his upcoming capital murder trial, but are not committing to presenting one.

In a new court filing, the one-time Ph.D. student’s attorney suggests Kohberger, 28, may not have been at the home where Ethan Chapin and Xana Kernodle, both 20, and 21-year-olds Madison Mogen and Kaylee Goncalves were stabbed to death in the early-morning hours of November 13. The filing offered no additional details as to what Kohberger’s alternative whereabouts might have been.

There may be “evidence corroborating Mr. Kohberger being at a location other than the King Road address,” Kohberger attorney Anne Taylor writes in the filing, evidence that “will be disclosed pursuant to discovery and evidentiary rules as well as statutory requirements.”

Taylor notes Kohberger’s team “continues investigating and [preparing] his case,” adding “it is anticipated this evidence may be offered by way of cross-examination of witnesses produced by the State as well as calling expert witnesses.”

The filing came just before the Monday, July 24 deadline for Kohberger to decide whether to offer an alibi defense, and to inform the prosecution. That deadline was already an extension, following a June request from Kohberger’s team for more time to decide whether to offer an alibi defense.

Late Monday evening, the court received that filing, which was forwarded on Tuesday morning for public posting.

The defense move leaves the door open for Kohberger to present an alibi defense later, legal experts say.

“Idaho law requires that the defense notify the prosecution of the possibility of an alibi defense. Here they are preserving that right, without committing,” said Matt Murphy, former Orange County prosecutor and ABC News legal contributor. “And as they note, the investigation is ongoing.”

“An alibi defense could be within the realm of possibility here, but there can also be corroborating evidence for conflicting facts. And if the state did their due diligence there can’t be an alibi,” David Calviello, former New Jersey prosecutor who is now a criminal defense attorney, told ABC News. “Proving he did it and proving he was somewhere else both can’t be true.”

“They may not have all the answers yet. It remains to be seen. And for now, the defense has a right to keep investigating their case, and [Kohberger] has a constitutional right to remain silent,” Calviello added. “They’re showing good faith to the court by meeting the deadline while protecting their client’s case as they choose their best defense.”

Kohberger was indicted in May and charged with four counts of first-degree murder and one count of burglary. He declined to offer a plea at his arraignment, so the judge entered a not guilty plea on his behalf.

A trial date in the quadruple homicide has been set for Oct. 2, though that could be delayed. Prosecutors have said they will seek the death penalty against Kohberger.

Prosecutors allege that in the early-morning hours of Nov. 13, 2022, Kohberger, a criminology Ph.D. student at nearby Washington State University, broke into an off-campus home and stabbed the four University of Idaho students to death.

After a six-week hunt, police zeroed in on Kohberger as a suspect, saying they tracked his white Hyundai Elantra and cellphone signal data, and recovered what authorities said was his DNA on a knife sheath found next to one of the victims’ bodies.

Kohberger was arrested on Dec. 30, 2022, at his family’s home in Pennsylvania, after driving cross-country to spend the holidays in Albrightsville.

Authorities have said that the DNA evidence taken from the knife sheath at the crime scene “showed a statistical match” with a cheek swab taken directly from Kohberger after his arrest, according to court filings.

But Kohberger’s attorneys pushed back on that analysis in several court filings, saying the “statistical probability is not an absolute,” and pointing to what they called a “total lack of DNA evidence” from the victims in Kohberger’s home or car.

This latest alibi filing comes amid Kohberger’s defense attempting to cast doubt on the strength of investigators’ evidence and whether it pointed irrefutably to their client alone, instead suggesting that Kohberger’s DNA could have been planted at the scene, and pointing to three additional males’ DNA they say was found in and around the scene after the killings.

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