BOISE, Idaho — 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.
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.”
Hippler declined to issue a general order against inflammatory conduct but told both sides 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.”
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 asked why an officer needed his phone number.
Prosecutors have countered that they don’t think jurors would jump to the conclusion that Kohberger had a “propensity for murder” just because he 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 stop 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.
The prosecution has listed Kohberger’s family as potential witnesses. Typically, witnesses are excluded from trials until after they have testified, so their testimony isn’t influenced by other evidence they may see.
But the defense team says Kohberger’s family should be able to attend because it is the humane thing to do and Kohberger relies on their support.
Prosecutor Ashley Jennings told the judge that the defense shouldn’t be able to dictate how the prosecution presents its case. She says putting the family members on the witness stand early in the trial would make the testimony out of context and out of order.
“This is like a gumbo,” Hippler replied. “You all are going to put all the pieces you need into a pot, and at the end of the day, the jury is going to decide if it’s a good soup or not.”
He said he would take the matter under advisement and issue a ruling later.
“I can only imagine that the family of Mr. Kohberger is devastated by these things. It’s nothing that they did, and their ability to be here to see the trial is important,” Hippler said.
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.
