Hearing could set rules for evidence in Kohberger trial

BOISE (AP) — Prosecutors and attorneys for a man charged in the killings of four University of Idaho students in 2022 began arguing some of the final ground rules they want for Bryan Kohberger's trial in a Wednesday morning hearing.

Kohberger, 30, is charged with murder 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. His trial is set to begin this summer.

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 who should be allowed in the courtroom during the trial.

Here’s what to know about the hearing:

Inflammatory evidence and phrases

Kohberger's defense team opened the hearing by asking 4th District Judge Steven Hippler to prevent the state from relying on the excessive use of “emotional appeal” or gruesome photographs, and inflammatory words like “murderer,” “psychopath” and “sociopath.”

Prosecutor Bill Thompson assured the judge that they would abide by the rules of courtroom conduct, which limit overly inflammatory conduct or evidence.

Hippler declined to issue a general order against inflammatory conduct but told both sides that he expected them to follow courtroom rules. He said he wouldn't allow the use of the terms “psychopath,” “sociopath” or “murderer" during the evidentiary phase but left open the possibility that prosecutors could use “murderer” during closing arguments.

“Make no mistake, these murders, whoever did them, were ... horrific. And I expect that the evidence will reflect that," Hippler said. “When it comes to cumulative evidence or some that are unnecessarily graphic, I think we will address that on a case-by-case basis.”

Evidence about Kohberger’s identity and car

Prosecutors want to use video of a traffic stop to verify Kohberger’s identity, address, phone number and ownership of a Hyundai Elantra for the jury. But the defense team says that video would be prejudicial, in part because Kohberger questioned the police officer when asked for his phone number.

Prosecutors have countered that of course the video is incriminating, which is why they are introducing it. But they don’t think jurors would jump to the conclusion that Kohberger had a “propensity for murder” just because he was subject to a traffic stop or asked why an officer needed his phone number.

The judge said he will review the video before issuing a ruling but thinks it can likely be used if it is redacted. In other words, the traffic shop can be used to show Kohberger’s identification, phone number and car ownership, but the other communications between Kohberger and the officer will be cut out.

What else will the judge be deciding?

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.

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.