The judge overseeing the University of Idaho murders case has made several key rulings regarding the admissibility of evidence at suspect Bryan Kohberger’s upcoming capital murder trial.
Defense attorneys have highlighted that Kohberger has autism spectrum disorder, or ASD.
They pointed to his ‘flat affect’ and ‘piercing stare,’ arguing that his inability to react to pictures that might be shown during the trial would appear as a ‘lack of remorse.’
Judge Steven Hippler has ruled that evidence of Kohberger’s ASD to explain his demeanor will only be relevant and allowed in the trial if he himself testifies.
However, Hippler stated that defense experts could discuss specific behaviors related to ASD or obsessive-compulsive disorder (OCD) in their rebuttal arguments.
This could include connections to Kohberger’s alibi, as his lawyers claim he was prone to solo nighttime drives and was engaging in one on the night of the murders.
Defense experts could provide insights regarding his OCD potentially leading to sleep difficulties that contributed to his habit of night drives to decompress.
Kohberger is accused of fatally stabbing Ethan Chapin, Kaylee Goncalves, Madison Mogen, and Xana Kernodle at a house in Moscow in the early hours of November 13, 2022.
Chapin, who was sleeping over, was killed alongside the three female victims.
Kohberger, a criminology Ph.D. student at nearby Washington State University during the time of the murders, was arrested in December 2022.
He faces four counts of first-degree murder and one count of burglary, with a not guilty plea entered on his behalf.
His high-profile trial is scheduled to begin in August.
Another point of contention between the prosecution and the defense involved the testimony of one of the two surviving roommates.
She reported seeing a man with ‘bushy eyebrows’ walking past her in the house during the night, according to court documents.
Judge Hippler ruled that the roommate can use the phrase ‘bushy eyebrows’ to describe the masked intruder she reported seeing in her home.
The defense had attempted to keep that phrase out of the trial, claiming the roommate’s description was unreliable and that mentioning this distinct characteristic could bias the jury.
Hippler disagreed with the defense’s argument, siding with prosecutors.
He stated that the roommate is the only surviving ‘eyewitness to the intruder responsible for the homicides’ and that her ‘account of what she saw and the physical characteristics of the intruder’ are ‘highly relevant’ and ‘remarkably consistent.’
Lawyers for Kohberger will have the opportunity to cross-examine her regarding any potential memory or credibility issues, but the judge asserted that she is still entitled to describe what she personally witnessed, and the jury is entitled to hear it.
The judge also ruled in favor of the prosecution by allowing the state to refer to cars shown in various surveillance videos from that night as the same vehicle, matching the suspect’s Hyundai Elantra.
Kohberger’s attorneys argued that such conclusions were too ‘speculative.’
However, the judge countered, stating that investigators drew from their training, experience, and expertise, and that the jury can weigh both sides of the issue based on what is presented in court.
In a ruling earlier this month, Hippler agreed to the defense’s request to ban the terms ‘psychopath’ and ‘sociopath’ from being used in the trial.
The defense had also sought to exclude phrases like ‘touch DNA’ and ‘contact DNA,’ arguing they could mislead and confuse the jury.
Hippler expressed reluctance to ‘police phraseology,’ emphasizing concerns that accidental use of a ‘banned word’ could lead to a mistrial.
He encouraged legal teams to avoid those terms but stated he would not ‘police experts in the field’ and advised them not to ‘underestimate the reasonableness and intelligence of jurors.’
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