What went Bryan Kohberger's way – and what didn't – at evidence motions hearing

Bryan Kohberger's defence struggled with prosecutors implicit what grounds should and shouldn't beryllium allowed successful his upcoming quadruple execution proceedings astatine a full-day proceeding successful beforehand of Judge Steven Hippler successful Boise connected Wednesday. 

Kohberger, 30, faces 4 charges of first-degree execution successful the deaths of Madison Mogen, 21, Kaylee Goncalves, 21, Xana Kernodle, 20, and Ethan Chapin, 20. He besides faces a felony burglary count.

Hippler decided immoderate motions from the seat but said helium would denote different orders aboriginal successful penning – including his findings connected defence motions to onslaught the decease punishment arsenic a imaginable punishment owed to Kohberger's diagnosis of autism and defence claims the prosecutors person missed cardinal find deadlines.

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Bryan Kohberger's attorneys struggled with prosecutors implicit what grounds should beryllium allowed astatine his quadruple execution trial.

Defense lawyer Anne Taylor cited the caller Lori Vallow case, successful which the tribunal threw retired the decease punishment implicit missed deadlines. Kohberger, however, has waived his close to a speedy trial, and Hippler asked Taylor wherefore she hadn't raised the contented months agone oregon requested much resources, similar a half-dozen further paralegals to assistance her spell done discovery.

Deputy Latah County Prosecutor Ashley Jennings besides level retired denied Taylor's accusations that prosecutors were slow-walking find and said everything the defence has asked for has been provided, a constituent that Taylor conceded successful beforehand of the judge. 

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[It's] each incriminating evidence, that's wherefore the authorities is offering it.

"This question is not astir withheld discovery," she said. It was alternatively astir a immense magnitude of data, dozens of terabytes, that she said volition instrumentality years to spell through. Hippler told her helium expects astir of it is irrelevant surveillance video that doesn't request to beryllium gone through, but helium said helium would apt necessitate the prosecution to certify that it has disclosed each perchance exculpatory grounds that it is alert of and that the defence has not already flagged.

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)

He said helium would contented a written bid later.

After arguments implicit Kohberger's alibi, which prosecutors accidental cannot beryllium corroborated by anyone different than the suspect himself, the justice and some sides appeared to hold that defence adept Sy Ray could attest astir Kohberger's whereabouts astatine the clip his telephone was unopen off, much than an hr earlier the murders. But Thompson made wide that is not an alibi.

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"Who is gonna accidental helium was retired driving astir looking astatine the stars?" Hippler asked Taylor.

She said her lawsuit has a close to stay silent. 

"The question is whether you person a witnesser who is going to attest to that," Hippler said.

Anne Taylor, an lawyer representing Bryan Kohberger, who is accused of sidesplitting 4 University of Idaho students successful November 2022, arrives astatine a proceeding successful Latah County District Court, Wednesday, Sept. 13, 2023, successful Moscow, Idaho. (AP Photo/Ted S. Warren, Pool)

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Hippler partially agreed to a defence question to artifact prosecutors from utilizing the words "murderer," "psychopath" and "sociopath" successful the trial, but noted that what the defence had asked for amounted to issuing "an bid that says the authorities shall not perpetrate prosecutorial misconduct."

He said helium expected the rules to beryllium followed, that the word murderer could perchance beryllium utilized during closing arguments, and that the words psycho- and sociopath could not beryllium utilized unless an adept valuation determined they accurately use to Kohberger, thing that has not happened arsenic of Thursday.

As for "inflammatory evidence" that the defence wants kept retired of trial, similar overuse of gruesome transgression country photos, Hippler said that the murders were "brutal and horrific" and that helium expected the grounds to bespeak that. 

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Elisa Massoth talks to Anne Taylor during Bryan Kohberger’s proceeding Friday, Aug. 18, 2023, astatine the Latah County Courthouse successful Moscow. Kohberger is accused of sidesplitting 4 University of Idaho students successful November 2022.  (August Frank/ Lewiston Tribune/Pool)

In 1 cardinal moment, Taylor claimed that the defence had uncovered a caller pb regarding a imaginable alternate fishy and was investigating. In another, she said determination are a 100 hours of interviews with radical who knew Kohberger from Washington State University – and galore of them had "unkind things to accidental astir him."

He was studying for a Ph.D. successful criminology there. The field is astir 10 miles from the University of Idaho transgression scene.

Prosecutors revealed that they bash not expect immoderate of the inconclusive DNA samples nether Mogen's fingernails to beryllium to Kohberger – due to the fact that they judge the attacker wore apparel to sufficiently screen himself up. The defence sought unsuccessfully to person a 2020 assemblage effort Kohberger wrote astir transgression country handling for DeSales University, wherever helium studied for a master's grade successful transgression justice, excluded from the trial.

University of Idaho victims Madison Mogen and Xana Kernodle. (Instagram @xanakernodle)

Judge Hippler besides took contented with a defence adept witnesser who helium said accused prosecutors of terrible misconduct involving find materials regarding Kohberger's telephone tracking records without evidence.

"I don't privation theatrics," helium told Kohberger's defense. "I don't privation accusations that aren't supported."  

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At contented are timing beforehand records, elaborate determination information from a telephone that is lone preserved for 7 days. The prosecution's archetypal hunt warrant sought this accusation successful November. Kohberger wasn't identified arsenic a fishy until Dec. 19. Jennings said she did not person the records. Hippler asked Taylor what grounds she had that they adjacent exist. 

The proceeding touched connected different issues, specified arsenic whether Kohberger's contiguous household has a close to courtroom seating. Prosecutors noted that immoderate relatives volition beryllium connected the witnesser list, and arsenic such, shouldn't beryllium allowed to observe grounds successful the lawsuit anterior to taking the basal themselves.

Latah County Prosecuting Attorney Bill Thompson walks done the courtroom earlier a proceeding astatine the Latah County Courthouse successful Moscow, Idaho.  (August Frank/Tribune, Pool)

While Kohberger's defence lawyer Elisa Massoth said the household has "no involvement successful helping" the prosecution and predicted that prosecutors would lone telephone 1 relative, "at best," Jennings revealed that prosecutors mean to telephone "a few."

The defence wanted the 911 audio blocked from being played earlier the jury. Hippler said helium would apt let it but redact immoderate statements that could beryllium considered hearsay. Similarly, helium said helium would see redacting portions of a postulation halt successful which Kohberger had a back-and-forth with the serviceman successful the months earlier the murders. Prosecutors said they intended to usage it to amusement his ownership of the achromatic Hyundai Elantra.

Massoth took contented with referring to Kohberger's car arsenic the fishy vehicle.

"You don't get to, and I don't get to, archer the authorities however to effort their lawsuit unless they're violating the rules of evidence," Hippler said.

Hippler appeared unsympathetic to the defense's absorption to including Kohberger's Amazon records, which amusement the acquisition of a Ka-Ba weapon and sheath acceptable earlier the murders arsenic good arsenic searching the app for the aforesaid items aft the murders.

Prosecutors allege Bryan Kohberger took this selfie photograph astatine 10:31 a.m. connected Nov. 13, 2022 – astir 6 hours aft the murders of 4 University of Idaho students helium is accused of committing. (Ada County Court)

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"Maybe I'm wholly retired to lunch, but arsenic I recognize it, to bargain thing connected Amazon, you gotta enactment it successful your buying cart and deed purchase," the justice said. 

Hippler said helium would instrumentality a defence question to artifact surviving roommate "DM" from utilizing the operation "bushy eyebrows" during her testimony. Taylor besides revealed that successful summation to DM's substance messages and telephone past that were released past month, the roommate's telephone information shows she was besides editing photos, redeeming caller contacts, utilizing societal media and "a full batch more."

Hippler said that portion older adults whitethorn prime up the telephone and telephone someone, younger radical are conscionable arsenic apt to scope retired implicit societal media. 

Bryan Kohberger arrives astatine Monroe County Courthouse successful Pennsylvania successful beforehand of an extradition hearing. He's charged with the murders of 4 University of Idaho students. (The Image Direct for Fox News Digital)

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"I'll beryllium funny to perceive the grounds of the 2 young ladies," helium said, referring to DM and the different surviving roommate, identified successful tribunal documents arsenic BF.

Kohberger could look the decease punishment if convicted, unless Hippler rules successful his favour connected 1 of the motions to onslaught it. A justice entered not blameworthy pleas connected his behalf successful May 2023.

The proceedings is expected to statesman connected Aug. 11.