Idaho college killings: Words 'psychopath,' 'sociopath' banned from Bryan Kohberger's trial
University of Idaho murders suspect Bryan Kohberger returned to court on Wednesday for a high-stakes hearing to decide what evidence will be allowed at his trial, which is set to begin in August.
The use of particular language was a major point of contention in the hearing.
Judge Steven Hippler agreed to the defense's request to ban the words "psychopath" and "sociopath" from the trial.
The defense asked that the phrases "touch DNA" and "contact DNA" be excluded, arguing that it is misleading and can be misunderstood by a jury.
Hippler said he was not inclined to "police phraseology" and noted the concern that if a "banned word" is accidentally used in the courtroom, it could result in a mistrial. Hippler encouraged council to avoid the terms but said he will not "police experts in the field" and encouraged legal teams to not "underestimate the reasonableness and intelligence of jurors."
Kohberger's defense team also worked to ensure their client will have the opportunity for physical support from his family during the trial.
The judge asked the state to call Kohberger's family members who are witnesses early in the trial so they can sit behind him in the courtroom after they testify.
"I think their ability to be here to see the trial is important," Hippler said, as Kohberger looked on in a blue button-down shirt.
Kohberger is accused of fatally stabbing Ethan Chapin, Kaylee Goncalves, Madison Mogen and Xana Kernodle at the girls' off-campus house in Moscow in the early hours of Nov. 13, 2022. Chapin, Kernodle's boyfriend, was sleeping over at the time.
Kohberger, a criminology Ph.D. student at nearby Washington State University at the time of the murders, was arrested in December 2022. He's charged with four counts of first-degree murder and one count of burglary, and a not guilty plea has been entered on his behalf.
The judge said Wednesday that he will allow a 3D model of the home at trial.
Among the evidence lawyers argued over on Wednesday was the state's allegation that Kohberger bought a KA-BAR knife with a sheath and a sharpener on Amazon eight months before the murders.
The murder weapon was never recovered, but prosecutors say Kohberger's DNA was found on a knife sheath left at the murder scene.
The defense argued anyone in the family could have made that purchase on Amazon, but prosecutors said they have a witness who will testify it was Kohberger.
During Wednesday's hearing, the judge noted that the Amazon account was associated with Kohberger and wasn’t a family account, and the judge said he will allow Amazon "click experts" to testify on behalf of the prosecution.
Many arguments have still yet to be ruled on by the judge.
One point of contention is a description of the intruder from one of the two roommates who survived the murders. The roommate said in the middle of the night she saw a man with "bushy eyebrows" walking past her in the house, according to court documents.
The defense wants that description banned during trial. The defense argues the roommate's account lacks credibility, claiming that in interviews with police, she admitted to drinking heavily throughout the day and that she had an "absolute lack of certainty."
The defense is also pushing for the death penalty to be taken off the table if Kohberger is convicted, arguing that Kohberger has suffered from autism spectrum disorder since he was a child.
Defense attorneys pointed to his "flat affect" and "piercing stare," and said his inability to react to pictures that might be shown during trial will look like "lack of remorse."
His lawyers also argued that his autism spectrum disorder could also impact his possible testimony.
"If we cannot let the jury know about his autism, he cannot testify," defense lawyer Elisa Massoth said.
Kohberger's alibi is also still up for debate. Defense attorneys claim he was stargazing alone the night of the murders and plan to use phone data to corroborate. The judge said he will consider allowing the alibi if the defense can come up with a witness to corroborate Kohberger's whereabouts; otherwise, Kohberger will be the only one who can testify on his behalf.
