(NewsNation) — Lawyers for Idaho college killings suspect Bryan Kohberger have asked a judge to throw out the grand jury indictment against their client.

In a new motion, Kohberger’s defense claims the grand jury was “misled as to the standard of proof required for an indictment.”

Prosecutors used a grand jury to indict Kohberger earlier this year instead of using a preliminary hearing, where a judge would hear evidence and determine whether there’s enough in the case to go to trial. Both grand jury and preliminary hearings are acceptable under Idaho law.

Kohberger’s defense claims the grand jury should have been instructed that the standard of proof based on what was presented is “beyond a reasonable doubt.” The suspected killer’s attorneys argue the grand jury had a much lower standard. NewsNation host Dan Abrams explains that if their argument is true, the grand jury was informed they could indict on a lower standard of proof.

The defense is pushing for the grand jury indictment to be tossed out or for the judge to order a preliminary hearing.

The new argument from the defense comes days after they filed paperwork, saying if the case goes to trial, they plan to present an alibi. Kohberger’s attorneys have kept their defense strategy close to the chest so far and have not revealed the possible alibi.

Kohberger is charged with first-degree murder in the deaths of four University of Idaho students: Kaylee Goncalves, 21; Madison Mogen, 21; Xana Kernodle, 20; and Ethan Chapin, 20,. They were stabbed to death in November 2022.

Kohberger entered a not guilty plea in May. Prosecutors are seeking the death penalty in the case.