Tuesday Briefing: Claim of 'Brady Violation' Fails, Murder Charges Remain in Pepperdine4 Case, Trial Date is on the Horizon
Loved ones of the four Pepperdine victims prepare for a September trial.
As the Pepperdine4 trial approaches (September 2026)…
Defendant Fraser Bohm’s team made another attempt to dismiss the multiple murder charges against the young male driver accused of killing 4 vibrant female college students. Defense included a bold claim that the state had committed a Brady Violation.
The media - of course - reported it as some sort of new bombshell in the case.
A hearing took place on 7/27/26, and despite the defense’s theatrics, their argument was sorely underwhelming.
The Judge swiftly denied the request to dismiss the murder charges, and found no Brady Violation had occurred.
Families and friends of the victims have been waiting since 2023 for some sort of accountability, yet justice can be painfully slow.
The defense’s recent ‘Hail Mary’ attempt to dismiss the murder charges was another anxiety-inducing rollercoaster. Thankfully, the judge was quick in his ruling.
Victim advocate, Billy Melcher shares his thoughts:
“Last week was a resounding win on the road to justice for our four angels and their families. The families and friends have now endured multiple attempts to get the murder counts dismissed throughout this long process. It has been 1,015 days since Niamh, Asha, Deslyn, and Peyton were killed — nearly three years. We are eager for this case to go to trial so a jury can hear and determine the facts.”
Wanna Know What the Arguments Were?
Bohm’s attorney, Alan Jackson (known for defending the likes of Karen Read, Kevin Spacey, Harvey Weinstein), argued 3 main points at the recent hearing on 7/27/26.
MAIN POINTS:
DEFENSE ARGUED —
Statistics show that speeding does not create ‘high probability of death’. Speeding is common in Malibu, and the percentage of fatal accidents is very low.
The state committed a Brady Violation because they withheld these statistics about low fatality rates prior to the preliminary hearing. The statistics prove that high-speed driving on PCH does not meet the threshold of a Second Degree Murder charge. [Bohm is also charged with 4 counts of vehicular manslaughter]
Malice Aforethought is a prong for second degree murder.
Fraser Bohm’s newest cell phone extraction info shows no activity between approximately 8:15–8:30 p.m., and the defense says this info would have challenged a witness’s testimony. Only a partial extraction was done prior to the Preliminary Hearing.
Bohm’s statements to an officer regarding his awareness of the dangers of speeding because he personally experienced the loss of a friend who died tragically behind the wheel — should not be considered since the accident involved intoxication. Bohm’s case does not.
PROSECUTION RESPONSE —
Bohm’s alleged speed (100+ mph in a 45 mph zone) is not the only factor considered in the charge for M2. Other elements play a role including:
Swerving throughout traffic
Distraction
Residential properties, crosswalks, pedestrians, and roadside hazards.
Airbags deployed at 99 mph, while the speed of vehicle kept increasing.
The statistics were not withheld, and were available for defense to get independently.
The state could not get a full cellular extraction done prior to the preliminary hearing because the defendant refused to provide his password to simplify the process.
Bohm’s statement regarding his friend dying in a vehicle accident is important because it shows he understands that excessive speeding is dangerous. The fact that his friend’s accident also includes intoxication does not change anything.
JUDGE COMMENTS & RULING:
No Brady Violation was committed.
Even if there had been a violation, it still would not move the needle to remove the murder charges.
Much of the vehicle crash data, reports, etc. were not in the prosecution’s possession at the time, and the defense could have independently discovered the statistics themselves.
Judge agrees with the state that the charges are not based on speed alone, thus the second-degree murder charges remain.
Fraser Bohm’s charges include:
4 counts of Second Degree Murder
4 counts of Vehicular Manslaughter
Pretrial Motions September 2nd, 2026
Jury Selection begins on September 8th, 2026.
If you want access to some of the initial filings, including the State’s Statement of Facts, you can find them HERE.
Outline of the Case is HERE