Bryan Kohberger asks Idaho judge to block ‘bushy' brows evidence, suggests witness’s artwork skews memory

Bryan Kohberger's defence squad is asking the justice overseeing his quadruple execution proceedings to artifact an eyewitness from testifying astir the intruder she saw having "bushy eyebrows" connected the nighttime 3 of her housemates and different person were killed successful a 4 a.m. massacre.

First, the defence argues that allowing the witness, identified successful tribunal filings arsenic "DM," would beryllium unfair, excessively vague and unfairly prejudicial earlier the jury. Also successful the motion, lawyer Elisa Massoth denies that the defendant, Kohberger, has bushy eyebrows. 

She is besides seeking an bid barring immoderate grounds related to "bushy eyebrows" successful summation to keeping DM from utilizing the phrase. In abstracted filings, the defence is besides asking the tribunal to bounds the usage of the words murder, psychopath and sociopath.

The surviving housemate is the lone known witnesser to person encountered the intruder and lived to archer her communicative aft she froze successful shock, and helium walked toward a backmost sliding doorway – and precocious unsealed substance messages truthful she tried successful vain to scope her murdered friends minutes aft the intruder left.

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Brian Kohberger pictured aft his transportation to the Ada County jailhouse successful Boise, Idaho. (Ada County Sheriff’s Office)

The question became nationalist aft Judge Steven Hippler told defence attorneys and prosecutors they were keeping excessively galore tribunal filings retired of nationalist view, filing them nether seal without due justification.

Massoth wrote that DM was incapable to picture the masked intruder to a sketch creator and did not cognize what colour eyebrows the intruder had. The texts, astatine slightest the exceprts that person been made public, amusement she discussed the intruder's disguise covering his rima and forehead. They bash not notation his eyebrows.

"Eyewitness identifications are inherently unreliable," said Edwina Elcox, a Boise-based defence lawyer who formerly represented Lori Vallow. "Especially this 1 – it's beyond vague."

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Madison Mogen, apical left, smiles connected the shoulders of her champion friend, Kaylee Goncalves, arsenic they airs with Ethan Chapin, Xana Kernodle and 2 different housemates successful Goncalves' last Instagram post, shared the time earlier the 4 students were stabbed to death. (@kayleegoncalves/Instagram)

But what stands retired to her successful this lawsuit is the revelation successful tribunal filings that DM had a partition of photos and artwork, immoderate of which she had drawn herself, depicting elaborate faces and salient eyebrows.

Last month, defence attorneys tried to onslaught the housemate's credibility, arguing her communicative changed successful the span of 3 interviews with investigators and that she admitted she had been drinking, felt bushed and her representation was hazy.

"There is simply a beyond beardown explanation, erstwhile idiosyncratic is truthful unsure astir wherefore they whitethorn person this distinctive content of eyebrows –  because it's each implicit the room," Elcox told Fox News Digital. "It's artwork that they're drawing."

Read the motion

The defence argued that this artwork could person influenced her memory.

"There is nary reliability of the carnal characteristics that D.M. has reported," Massoth wrote. "Mr. Kohberger does not person bushy eyebrows, but the creation enactment connected D.M.’s partition and that which she draws eyes with eyebrows could beryllium described arsenic bushy, full, oregon prominent."

Hippler antecedently said the witness's statements could beryllium "fodder" for cross-examination astatine proceedings but had nary bearing connected the uncovering of probable origin utilized to warrant Kohberger's arrest.

Elcox says she expects explosive cross-examination connected this issue.

Bryan Christopher Kohberger arsenic helium appeared connected the Washington State University website. He was studying determination for a Ph.D. successful criminology astatine the clip of the murders 10 miles distant astatine the University of Idaho. (Washington State University)

"People often accused defence attorneys of conscionable similar throwing spaghetti astatine the partition and hoping thing sticks, similar questioning an identification," she said. "But that is immoderate existent nutrient and potatoes, astir however to however to question the reliability of immoderate was observed. I can't ideate a much circumstantial fact."

The caller filing besides reveals DM had "lucid dreams of being kidnapped oregon chased," she was a user of true-crime TV and podcasts.

"I deliberation the justice volition let it connected the grounds that DM volition beryllium taxable to cross-examination and that the unreliability of the recognition goes to the value that the assemblage volition springiness the description, not the admissibility of it," Elcox, who has been intimately pursuing the case, told Fox News Digital. "But … this recognition tin perfectly beryllium destroyed connected cross-examination."

Judge Hippler antecedently said DM's grounds appeared much utile successful establishing a timeline of the slayings than identifying the attacker.

According to a probable origin affidavit, DM overheard idiosyncratic saying, "There's idiosyncratic here" aft 4 a.m. She aboriginal heard what sounded similar crying, and a antheral dependable saying, "It's OK, I'm going to assistance you." 

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Bryan Kohberger enters the courtroom for a proceeding astatine the Latah County Courthouse successful Moscow, Idaho, June 27, 2023.  (August Frank/Pool via Reuters)

A information camera astatine the location adjacent doorway picked up "distorted audio" of what investigators judge were "voices oregon a whimper followed by a large thud," successful summation to a dog's barking astatine 4:17 a.m.

DM looked retired her chamber doorway and "saw a fig clad successful achromatic covering and a disguise that covered the person's rima and chemoreceptor walking towards her," according to the affidavit. She described him to constabulary arsenic implicit 5 feet, 10 inches tall, diversion but not muscular and having bushy eyebrows.

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Bryan Kohberger arrives astatine the Monroe County Courthouse successful Pennsylvania aft constabulary arrested him astatine his parents' location successful Albrightsville successful the quadruple homicide successful Moscow, Idaho. (The Image Direct for Fox News Digital)

They came face-to-face, and she froze successful daze aft helium passed wrong 3 feet of her, according to the caller filing.

Minutes later, she called 3 of the victims – Madison Mogen, 21, Kaylee Goncalves, 21, Xana Kernodle, 20. No 1 answered. Then she reached retired to the different surviving roommate, "BF."

Although it was believed DM locked her chamber doorway and went to slumber aft this encounter, the caller filing reveals that aft a little speech of texts with her roommate, BF urged her to "run" downstairs. 

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According to different tribunal filings released this week, DM spent the nighttime successful BF's country and an unnamed idiosyncratic called 911 from BF's telephone astir noon the adjacent day.

At 10:23 a.m., DM texted some Mogen and Goncalves. "Pls answer," she wrote. "R u up??" She past called her begetter astir 11:40 a.m., and yet idiosyncratic called 911 from BF's telephone astir noon.

Timeline of Nov. 13, 2022:

• 4:00 AM: Suspect arrives astatine house
• Between 4 and 4:17: Time of murders
• 4:19: Roommate calls 3 victims, nary 1 answers
• 4:22 to 4:24: Surviving roommates substance each different from wrong house
• 4:27: Roommate calls victims again, nary 1 answers
• 4:32: Roommate texts Goncalves 'Pls answer'
• 10:23: Surviving roommate texts victims, nary 1 answers
• 11:39: Roommate calls her father
• 12:00 PM.: 911 telephone placed from roommate's phone

Court documents revealed past period that DM besides said the intruder whitethorn person been carrying a vacuum-like object. She did not admit him astatine the clip of the onslaught and did not admit an unmasked photograph of Kohberger aft his arrest.

Kohberger, 30, is accused of sidesplitting 4 of the six radical wrong a location connected King Road successful Moscow, Idaho, astir 4 a.m. Nov. 13, 2022. The 4th unfortunate was Ethan Chapin, 20. 

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Brian Kohberger successful Latah County tribunal for his Jan. 5, 2023, archetypal quality successful an Idaho courtroom. (Pool)

Police arrested Kohberger Dec. 30 of that twelvemonth astatine his parents' location successful Pennsylvania.

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He faces a first-degree execution complaint for each unfortunate and a azygous felony burglary charge. A justice entered not blameworthy pleas connected his behalf to each charges.

The proceedings is scheduled to statesman Aug. 11. He could look the decease punishment if convicted.