Idaho judge denies Bryan Kohberger's 'bushy eyebrows' motion

In a bid of orders announced Friday connected motions from some sides successful the execution lawsuit against Idaho pupil stabbings fishy Bryan Kohberger, the justice said determination was nary ground to assistance a defence petition that the lone eyewitness beryllium blocked from mentioning the "bushy eyebrows" she saw connected a masked intruder during the murders.

"D.M.'s grounds astir ‘bushy eyebrows’ is highly applicable successful this case," Judge Steven Hippler wrote successful his order, utilizing the witness's initials. "D.M. is the lone eyewitness to the intruder liable for the homicides. It is the jury's task to find whether Defendant is that person."

Kohberger's defence has argued some that helium does not person "bushy eyebrows" and that DM's representation of what she saw whitethorn person been influenced by being drunk astatine the clip and a partition covered successful artwork and photos showing portraits, faces and salient eyebrows.

IDAHO MURDERS CASE: BRYAN KOHBERGER SELFIE USED BY PROSECUTORS TO CLAP BACK AT 'BUSHY EYEBROW' DENIAL

Prosecutors allege Bryan Kohberger took this selfie astatine 10:31 a.m. Nov. 13, 2022, astir six hours aft the murders of 4 University of Idaho students helium is accused of committing. (Ada County Court)

"While she could not supply capable details for a composite sketch, it is unsurprising fixed her reflection that the intruder was wearing a disguise connected his face," Hippler wrote. "Moreover, portion this statement mightiness oregon mightiness not implicate Defendant, it volition not effect successful unfair prejudice."

Hippler agreed with prosecutors that the statement implicit whether Kohberger has "bushy eyebrows" should beryllium decided by the jury. The authorities has besides submitted a selfie Kohberger allegedly took hours aft the murders arsenic evidence.

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DM is 1 of 2 surviving roommates. She came wrong 3 feet of a masked intruder moments aft the murders, according to tribunal documents that lone notation to her by her initials.

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 station shared the time earlier the 4 students were stabbed to death. (@kayleegoncalves/Instagram)

After Kohberger's arrest, she told constabulary she did not cognize him and had not seen him before. Prosecutors person alleged helium was chartless to the victims earlier the transgression and committed the murders utilizing a ample knife.

They besides pointed to a 2020 assemblage effort helium wrote astir handling a execution country for a transgression justness class, arguing that helium was good versed successful transgression country procedures and the conception of transferring grounds and knew however to debar it. 

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DM is the lone known witnesser to person encountered the intruder and lived to archer her communicative aft she froze successful daze and helium walked toward a backmost sliding door. Recently unsealed substance messages amusement she tried successful vain to scope her murdered friends minutes aft the intruder left.

Bryan Kohberger arrives astatine the Monroe County Courthouse successful Pennsylvania successful beforehand of an extradition hearing. (The Image Direct for Fox News Digital)

Hippler besides denied a defence question seeking to person prosecutors blocked from describing Kohberger's car arsenic the "suspect vehicle."

A defence question to artifact an adept from the Idaho State Crime Lab was denied successful portion and granted successful part. The adept volition beryllium allowed to testify, but witnesses for some sides volition beryllium instructed not to usage the presumption "touch DNA," "contact DNA" and "trace DNA."

Hippler besides partially granted the state's question regarding grounds of Kohberger's autism and obsessive-compulsive upset diagnoses.

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Four University of Idaho students were recovered dormant Nov. 13, 2022. (Angela Palermo/Idaho Statesman/Tribune News Service via Getty Images)

Expert grounds astir Kohberger's autism diagnosis would lone beryllium applicable if it was indispensable to explicate his mannerisms aft taking the witnesser basal successful his ain defense, Hippler wrote.

"At that point, Defendant's demeanor — which goes to his credibility — is applicable grounds a assemblage tin consider, which the State concedes," the justice wrote. "However, anterior to presenting grounds connected the matter, Defendant indispensable rise the substance with the Court extracurricular the beingness of the assemblage to sermon the permissible scope."

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He reserved the close to regularisation connected Kohberger's purported obsessive-compulsive upset astatine a aboriginal date.

Kohberger is charged with 4 counts of first-degree execution and felony burglary successful the stabbing deaths of University of Idaho students Madison Mogen, 21, Kaylee Goncalves, 21, Xana Kernodle, 20, and Ethan Chapin, 20.

A justice entered not blameworthy pleas connected his behalf. Prosecutors person notified the tribunal they mean to question the decease punishment if helium is convicted.

The proceedings is scheduled to statesman Aug. 11.