One of the roommates who survived the attack on four University of Idaho students will do an interview with the defense attorney in her home state of Nevada instead of appearing at the preliminary hearing in June.

The roommate, who we are not naming because she is a witness to a crime, previously was the subject of a subpoena which would order her to come to Idaho and testify.

That preliminary hearing, set for late June, will be used to determine if there's enough evidence for Bryan Kohberger to stand trial for the murders of Kaylee Goncalves, Ethan Chapin, Xana Kernodle and Madison Mogen.

Preliminary hearings in Idaho are used to establish if there's probable cause and attorneys on both sides can call witnesses and present evidence.

Two young women were in the home and were not hurt in the attack.

Previous court documents revealed that one of them saw a man wearing black clothes and a mask leaving the home around the time the murders took place.

She said she was in "frozen shock" and closed the door to her room and eventually fell asleep.

The murders were not discovered until nearly eight hours later.

Kohberger's defense team requested a subpoena for the other roommate, whose account of that night has not yet been told in court documents.

In that request filed in Nevada, Kohberger's defense team said the witness was on the first floor at the time of the murders.

They assert that she was interviewed by police several times and disclosed what she heard and saw.

The investigator said "portions of information [the woman] has is exculpatory to the defendant" which mean information that is favorable to the defendant.

But, a response to the order disputes that.

The woman's attorney says the assertion that her client has exculpatory information is "conclusory [and] without support."

The attorney also says the an Idaho defendant does not have the right to subpoena a witness for a preliminary hearing and that it has not been proven that she is a "material witness" in the case.

Ultimately, the attorneys reached an agreement.

The witness has agreed to be interviewed by defense counsel in Nevada "in lieu of proceeding forward with the subpoena for preliminary hearing."

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