A lengthy hearing took place Wednesday as Bryan Kohberger’s defense team and prosecutors clashed over what evidence will be admissible at his upcoming trial for the quadruple murder of Madison Mogen, Kaylee Goncalves, Xana Kernodle, and Ethan Chapin. Kohberger faces four counts of first-degree murder and a felony burglary charge.
Judge Steven Hippler heard numerous motions, ruling on some immediately while deferring others for written orders—including decisions regarding the potential use of the death penalty as punishment, considering Kohberger’s diagnosis of autism, and allegations that prosecutors missed critical deadlines in providing discovery materials.
Idaho Prosecutors to Call Family Witnesses
Prosecutors indicated they plan to call “a few” members of Kohberger’s family to testify at trial. Defense attorney Anne Taylor referenced the Lori Vallow case, where a similar motion regarding missed deadlines led to the death penalty being ruled out.
Deputy Latah County Prosecutor Ashley Jennings refuted claims that prosecutors were deliberately slow in providing discovery materials, asserting that all requested items have been delivered—a point conceded by Taylor.
Debate Over Evidence and Alibi
The discussion centered on the sheer volume of data involved – dozens of terabytes – which Taylor argued would take years to analyze. Hippler suggested much of this data likely consists of irrelevant surveillance footage, but he indicated he may require prosecutors to certify they have disclosed all potentially exculpatory evidence.
Addressing Kohberger’s alibi—which the prosecution states is uncorroborated except by the defendant himself—Hippler questioned if a witness could attest to Kohberger’s whereabouts at the time his phone was deactivated. Taylor asserted her client has the right to remain silent.
Restrictions on Testimony and Language
The court also addressed limitations on language used during testimony, with Hippler partially agreeing to a defense motion to prevent prosecutors from using terms like “murderer,” “psychopath,” or “sociopath” unless supported by expert evaluation. He emphasized adherence to legal rules, allowing “murderer” in closing arguments if appropriate.
While the defense sought to exclude graphic crime scene photos as inflammatory evidence, Hippler stated that the murders were undeniably brutal and horrific, indicating he expected such visuals to be included.
Potential Alternate Suspect and Prior Interviews
Taylor revealed the defense had uncovered a potential lead concerning an alternate suspect and was actively investigating. She also noted the existence of over one hundred hours of interviews with individuals from Washington State University, where Kohberger studied for his Ph.D. in criminology—many expressing negative opinions about him.
Prosecutors stated they believe the inconclusive DNA found under Mogen’s fingernails does not belong to Kohberger, citing the possibility that the attacker wore clothing to avoid leaving traces.
Phone Data and Amazon Purchases
Judge Hippler questioned the defense’s claim of prosecutorial misconduct regarding phone tracking records. The prosecution had sought this data in a warrant issued in November, before Kohberger became a suspect on December 19th. The defense argued that these records may not even exist.
Hippler appeared unsympathetic to objections against including Kohberger’s Amazon purchase history, which includes the acquisition of a Ka-Ba knife set both before and after the murders—demonstrating searches for similar items following the killings.
Remaining Issues and Trial Date
Other issues discussed included seating arrangements for family members, potential hearsay concerns regarding 911 audio, restrictions on referring to Kohberger’s vehicle as the “suspect vehicle,” and the use of phrases during testimony from surviving roommate “DM.” The court noted that DM’s phone data also reveals editing photos and social media activity.
Kohberger entered a not guilty plea in May 2023. The trial is currently scheduled to begin on August 11th, and he could face the death penalty if convicted, pending Hippler’s decisions on related motions.
- Key Facts: Bryan Kohberger faces four counts of first-degree murder and one count of burglary.
- Defense Strategy: The defense is challenging the admissibility of evidence and seeking to exclude potentially prejudicial information, including language and images.
- Prosecution’s Approach: Prosecutors aim to present a comprehensive case supported by forensic evidence and witness testimony.
“I don’t want theatrics,” Judge Hippler stated, emphasizing the need for factual arguments and supporting evidence.
