(MOSCOW, Idaho) — 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 has been a major point of contention in the ongoing 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.
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.
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, citing what they say is Kohberger’s autism spectrum disorder.
“When it comes to evidentiary hearings, the prosecution’s goal is trying to admit as much damning evidence as possible,” ABC News legal contributor Brian Buckmire said, while the defense tries “to limit how much evidence comes in that is detrimental to their case.”
The hearing is ongoing Wednesday and may continue on Thursday.
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