Idaho murders suspect Bryan Kohberger fails to get charges against him tossed out: Lawyers claimed prosecutors withheld evidence that could help his defense and that grand jury was biased

A judge has denied a second motion to dismiss the case against Idaho murder suspect Bryan Kohberger.

Judge John C. Judge made the ruling Friday, after denying a motion to dismiss over on claims of inaccurate instructions to the grand jury in October.

The recent dismissal request also centered on the defense's claim of a biased jury, and concerns over allegedly withheld evidence.

It comes as relatives protest the approaching demolition of the house where the allegedly committed the murders, and months after her entered four not guilty pleas to allegations of first-degree murder in May. 

A trial date has yet to be set. In the new court documents, Judge Judge explained why the defense's arguments to toss the case proved unsuccessful.

'Kohbegher has failed to successfully challenge the indictment on grounds of juror bias, lack of sufficient admissible evidence, or prosecutorial misconduct,' the filing from the District Court of the Second Judicial District of Idaho reads.

'Kohberger was indicted by an impartial grand jury who had sufficient admissible evidence to find probable cause to believe Kohberger committed the crimes alleged by the State,' it continues. 

'Further, the State did not engage in prosecutorial misconduct in presenting their case to the jury.'

Kohberger's lawyers had previously argued to dismiss the indictment on grounds of juror bias, and that prosecutors potentially withheld evidence that might aid Kohberger in defending himself during his looming trial.

Both parties had a closed hearing on the matter in October, and the defense argued prosecutors failed to comply fully with Title 2 of the Idaho code - which pertains to jury selection and service.

The supposed failure stemmed over issues with the court's jury selection, and instructions they said biased jurors.

Judge, at the time, signaled he would deny the request, and Friday's written ruling is him making good on that claim. 

There, the court addressed the defendant's argument in a 13-page document touting 'probable cause,' stating  there is 'no dispute' that the correct standard was used by state prosecutors in dishing out the Grand Jury instructions.   

Of claims jurors were misled into believing that to justify an indictment they needed the higher stand of 'beyond reasonable doubt', Judge wrote there was no proof - and even asked if the defense understood the 'plain language' of Idaho law. 

'The arguments from the defense for "beyond reasonable doubt" standard for the grand jury were historically interesting and creative, but do not overturn Idaho courts' interpretation of the statute, the case law, and the Criminal Rules, specifically Rule through 6.8 I.C.R., that the standard for the grand jury to indict is 'probable cause,' Judge wrote.

Quashing the allegations of prosecutorial misconduct, the ruling comes as Kohberger's defense team, led by Kootenai County Chief Public Defender Anne Taylor, continues to the grand jury indictment should be dismissed, questioning standards used in Idaho state for the past 100 years or so.

Moreover, after waiving their client's right to a speedy trial, the attorneys also want cameras banned from the court on the basis that coverage of the criminal proceedings threatens the 29-year-old's right to a fair and just criminal proceeding.

The defense previously revealed that they would be contesting the notion that Kohberger's DNA was left at the scene on the knife sheath, and also argue DNA from three other unidentified men was also found at the Idaho crime scene. 

They are also demanding more information on how the FBI used the DNA to create family trees that led them to Kohberger and his father, for an early-morning arrest in Pennsylvania almost a year ago to the day.

Prosecutors, meanwhile, maintain the killer left the military knife sheath behind and that it was found next to one of the victims on the third floor of the student home, and are using it as evidence in the mounting case against Kohberger. 

He was indicted by an Idaho Grand Jury who heard that evidence against in May - evidence that Kohberger's team will now have access to following a ruling October that granted them the right to review genetic genealogy evidence compiled against their client that was previously kept in the dark,

The move, made in a 32-page order also filed in The Second District Court of Idaho, came the same day that feds returned to the scene of the murders in Moscow to construct a physical model of the home where the killings took place, which is set to be demolished on December 28.

The mother of murdered student Xana Kernodle, 20, has added to the growing pressure on college bosses to halt the bulldozers, as some argue that crucial evidence in the Kohberger case could be destroyed if the house.

But after Kohberger's move over the summer, agents said they enough time to catalog the evidence and construct the unseen model - as well as an unspecified number of visual and audio exhibits to help encapsulate the night in question.

Kohberger, a PhD criminology student at nearby Washington State University, was arrested during a raid on his parents' home in Poconos Mountains, Pennsylvania, on December 30. 

Investigators allege he broke into the students' home at around 4am, fatally stabbing Kernodle and her boyfriend, Ethan Chapin, 20, as the couple slept on the second floor.

They also found DNA they believe is his on a knife sheath in the third-floor bedroom where Kaylee Goncalves, 21, and Maddie Mogen, 21, were found dead.

The rental was gifted by its owner to the college in the aftermath of the killings and its president Scott Green has insisted on the need to tear it down, branding it a 'grim reminder of the heinous act that took place there'.

The college plans to create a memorial garden designed by its own architecture students in its place, but experts have backed the families' concerns.