BOISE, Idaho (AP) — Prosecutors and attorneys for a man charged in the killings of four University of Idaho students in 2022 will argue some of the final ground rules they want for Bryan Kohberger’s trial in a two-day hearing set to begin at 9 a.m. on Wednesday.
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UPDATE (As of 3:15 p.m.): The defense accused the state of hiding evidence regarding AT&T records from November 13, 2022. The judge, however, warned the defense not to throw around unprofessional accusations. The state then confirmed that they do not have the evidence that the defense is asking for.
UPDATE (As of 2:20 p.m.): According to the prosecution, Kohberger has failed to produce an alibi, adding that a cell phone expert wasn't able to account for his location at the time of the murders. The state says that the only person who can testify to the defendant's alibi is Kohberger himself.
The defense, however, argues that insisting Kohberger testify regarding his alibi is a violation of his right to remain silent, but the judge agreed with the state that only Kohberger can testify regarding his alibi.
UPDATE (As of 1:55 p.m.): The state is asking for a 3D model of the house where the murders occurred to be admitted as evidence, arguing that the residence has an "unusual" layout, so the model will help the jury better understand witness testimony.
The judge says that he will allow it and will be giving a written decision on this issue.
UPDATE (As of 1:20 p.m.): Court resumed just after 1 p.m., following a lunch break. The defense says that "extreme scrutiny" must be used before admitting witness testimony from "D.M.," arguing that her testimony is unreliable as she was "probably very drunk" and only saw the perpetrator for "a second."
UPDATE (As of 11:45 a.m.): The defense has argued that "touch" and "contact" DNA should not be used as terms, explaining the details of how DNA transfer can occur.
The defense cites expert statements that say DNA could have ended up on the sheath though indirect transfer and argues that those terms could allow incorrect conclusions to be drawn.
The state responded, arguing that the evidence points to the DNA being "primary DNA." The state also said that the jury will have the ability to understand particular phrases and their inferences. The judge says that the terms can be used, but the scientific definition will need to be explained to the jury, should they come up.
UPDATE (As of 11 a.m.): The state has a motion regarding alternative perpetrators, arguing that the defense is going to try to make inferences about who else could have committed the murders without evidence.
The defense responded, stating that they do "plan on providing offers of proof” regarding alternative perpetrators. The judge says that he will want to hear those arguments during pretrial and go from there.
UPDATE (As of 10:25 a.m.): The defense wants to prohibit the state from using Kohberger's autism characteristics that could be considered aggravators as evidence. Some of the examples brought up include him "sitting in a rigid position" and "talking longer than people want to listen." The defense also noted the "hundreds of hours" of interviews with people who knew him at Washington State Universtity, which included "mean or awful comments."
UPDATE (As of 10 a.m.): The state filed a motion to have a more clear definition of "immediate family member," as it pertains to who will be in the courtroom during the trial. The state has said that they "may" call Kohberger's family as witnesses, but they have not yet been subpoenaed. The defense argued that Kohberger "needs his family to support him" and is "absolutely dependent on them."
Judge Hippler asked if there is a reason that the family couldn’t be called at the beginning of the trial. The state says that they would prefer not to call them at the beginning due to a lack of context but added that if it's between not calling the family or having to take them at the beginning, they will take him up at the beginning
UPDATE (As of 9:45 a.m.): The first motion discussed was the defendant's motion to not use "inflammatory evidence or language" during the trial. The examples given of such language include "psychopath," "sociopath," and "murder."
Judge Steven Hippler agreed that the state shouldn't use terms like "sociopath" but added that he is not going to explicitly say “don’t use inflammatory evidence.” He also said that the word "murder" is appropriate, as it describes the charges.
UPDATE (As of 9:15 a.m.): Court began around 9:10 a.m. on Monday morning. Kohberger is present in the courtroom.
Kohberger, 30, is accused in the stabbing deaths of Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves at a rental home near campus in Moscow, Idaho. Prosecutors say the four were killed in the early morning hours of Nov. 13, 2022, and their bodies were discovered later that day.
Kohberger, then a criminal justice graduate student at Washington State University, was arrested in Pennsylvania weeks after the killings. Investigators said they matched his DNA to genetic material recovered from a knife sheath found at the crime scene.
When asked to enter a plea to the charges, Kohberger stood silent, prompting the judge to enter a not-guilty plea on his behalf.
Here’s what to know about the case and the motion hearing as his trial is set to begin this summer.
What will happen at the hearing?
Attorneys on both sides of the case have filed hundreds of pages of legal motions, including whether Kohberger should face the death penalty if he is convicted, whether witnesses should be allowed to testify about things like “touch DNA,” and about who should be allowed in the courtroom during the trial.
The hearing will give the attorneys a chance to make their case in person, discussing the legal reasoning behind their requests. It will also give 4th District Judge Steven Hippler a chance to ask the attorneys questions as he weighs their arguments.
What will the judge be deciding?
Many of the motions are focused on what evidence can be presented to jurors during the trial.
For instance, defense attorneys have asked the judge to find that an autism spectrum disorder diagnosis would make Kohberger ineligible for the death penalty. The defense and prosecution will also likely present arguments over whether jurors should hear audio of a 911 call made by two women in the house roughly eight hours after the killings, as they realized one of their roommates wasn’t waking up.
Legal filings also show that prosecutors want to introduce evidence of Kohberger’s “click history” at Amazon.com showing that he purchased a Ka-Bar brand fixed-blade knife eight months before the killings. A Ka-Bar knife sheath was found next to one of the victims.
Kohberger’s attorneys have asked the judge to exclude that online shopping history, saying it could be taken out of context or not reflect the influence of algorithms that recommend purchases.
Prosecutors also want to introduce a photo that Kohberger took of himself hours after the time of the killings because they say it shows what he looked like at that time. A roommate who was in the rental home told police she woke up and saw a stranger with “bushy eyebrows” wearing a face mask inside the home.
Defense attorneys want the judge to bar any testimony about “bushy eyebrows,” because they say it could prejudice the jury against him.
Other topics that could come up include what kinds of questions will be asked during the jury selection process. Attorneys on both sides have submitted proposed questionnaires that could be used to narrow the jury pool down to a small group of candidates, but so far those documents have been sealed from public view.
Will the judge issue rulings during the hearing?
Hippler can “rule from the bench” — simply telling the attorneys what his decision is on each request — but he can also decide to issue a written ruling sometime after the hearing is over. Sometimes written rulings can be particularly helpful in complicated legal cases like this one, because they can help attorneys quickly find and refer to the judge’s decisions months or even years down the road.
When is the trial?
Jury selection in the case is expected to begin July 30, with the trial starting Aug. 11 in the Ada County Courthouse in downtown Boise.
The trial is expected to take nearly three months to complete, lasting into the start of November.
