BOISE, Idaho (AP) — Prosecutors and attorneys for a man charged in the killings of four University of Idaho students in 2022 will argue some of the final ground rules they want for Bryan Kohberger’s trial in a two-day hearing set to begin Wednesday morning.
Kohberger, 30, is accused 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.
Here’s what to know about the case and the motion hearing as his trial is set to begin this summer.
What will happen at the hearing?
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 about who should be allowed in the courtroom during the trial.
The hearing will give the attorneys a chance to make their case in person, discussing the legal reasoning behind their requests. It will also give 4th District Judge Steven Hippler a chance to ask the attorneys questions as he weighs their arguments.
What will the judge be deciding?
Many of the motions are focused on what evidence can be presented to jurors during the trial.
For instance, 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.
Prosecutors also want to introduce a photo that Kohberger took of himself hours after the time of the killings because they say it shows what he looked like at that time. A roommate who was in the rental home told police she woke up and saw a stranger with “bushy eyebrows” wearing a face mask inside the home.
Defense attorneys want the judge to bar any testimony about “bushy eyebrows,” because they say it could prejudice the jury against him.
Other topics that could come up include what kinds of questions will be asked during the jury selection process. Attorneys on both sides have submitted proposed questionnaires that could be used to narrow the jury pool down to a small group of candidates, but so far those documents have been sealed from public view.
Will the judge issue rulings during the hearing?
Hippler can “rule from the bench” — simply telling the attorneys what his decision is on each request — but he can also decide to issue a written ruling sometime after the hearing is over. Sometimes written rulings can be particularly helpful in complicated legal cases like this one, because they can help attorneys quickly find and refer to the judge’s decisions months or even years down the road.
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.
