It’s not the first time Bryan Kohberger’s defense has raised the possibility of an alternative perpetrator or perpetrators in the deaths of four Idaho students.

Kohberger’s attorneys have already informed the judge that they believe someone else is responsible for the pre-dawn stabbings at a student house in Moscow, Idaho — the “alternative perpetrator” theory, Judge Steven Hippler revealed. Now the judge is telling lawyers to name the suspect and offer up “any actual evidence” they have against him.

Prosecutors have said they will seek the death penalty for the quadruple murders. Death by a firing squad is an option in Idaho.