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Idaho Judge Deals Blows to Bryan Kohberger Defense in Student Murders Case
Moscow, ID – In the ongoing Bryan Kohberger capital murder trial, an Idaho judge has delivered a series of setbacks to the defense. The court rejected efforts to prohibit the term “bushy eyebrows” and ruled against presenting an autism diagnosis as justification for courtroom conduct. Kohberger, a 30-year-old criminology PhD candidate, is accused of the murders of four University of Idaho students – Ethan Chapin, Xana Kernodle, Madison Mogen, and Kaylee Goncalves – in a brutal attack that occurred on November 13, 2022, in Moscow, Idaho. He faces the death penalty if convicted in this high-profile Idaho student murders case.
Court Rejects Ban on ‘Bushy Eyebrows’ Term
Multiple court orders were issued Friday, following a courtroom debate the previous week regarding critical evidence. Judge Steven Hippler decided against excluding the term “bushy eyebrows,” allowing for surviving roommate Dylan Mortensen’s eyewitness account to be presented. Mortensen’s testimony is considered pivotal in detailing her observations from the night of the horrific crime.
“D.M.’s testimony about ‘bushy eyebrows’ is highly relevant in this case,” Judge Hippler stated in his ruling. He emphasized, “D.M. is the sole eyewitness to the intruder responsible for the homicides. It is the jury’s task to determine whether Defendant is that person.”
The judge highlighted the consistency of Mortensen’s descriptions, noting “there is nothing confusing about her testimony.”
Eyewitness Account and ‘Bushy Eyebrows’
Mortensen encountered an intruder inside the off-campus residence around the time of the killings. Investigators report she heard disturbances at approximately 4 am, followed by a male voice, not belonging to Chapin, uttering words to the effect of, “It’s okay, I’m going to help you.”
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Peering from her bedroom, she witnessed a man walk past her room on the second floor, moving towards the back sliding door. She described the intruder as tall, clad in black, and masked. Due to the mask, her observation was limited to the eyes and eyebrows, noting “bushy eyebrows.” Defense attorneys had sought to suppress the “bushy eyebrows” description.
Defense Challenges Witness Reliability
During a prior hearing, the defense questioned Mortensen’s reliability as a witness, pointing out:
- Her admission of being intoxicated at the time.
- Statements to police about being in a ‘dream-like state.’
- Wall decorations featuring drawings of people with prominent eyebrows.
- Lack of separation from other witnesses after the murders were discovered.
They also argued that eyebrows were not mentioned in her initial three police interviews, only being brought up later when questioned by officers.
The defense argued that “the reliability is not there.”
Prosecution Argues Consistency and Relevance
Conversely, prosecutors maintained that Mortensen’s narrative and intruder description remained consistent across all interviews: a white male, slightly taller than her, in black attire, masked, slender build, and an unfamiliar voice. The focus on eyes and eyebrows, the prosecution contended, was natural, given the mask concealing other facial features.
Prosecutors aim to present a selfie taken by Kohberger roughly six hours post-murders as evidence of his “bushy eyebrows” at the time. “Dylan Mortensen is the only living individual who saw the person who’s responsible for these homicides,” the prosecutor asserted, underscoring her importance in “identify[ing] the killer.”
Judge Hippler, siding with the prosecution, stated Mortensen’s “account of what she saw and the physical characteristics of the intruder were remarkably consistent throughout all five interviews and her grand jury testimony.” He added, “Although she might have been intoxicated or tired or questioned her memory, the consistency of her descriptions suggest a high degree of reliability,” concluding, “challenges to her competency and personal knowledge as basis for exclusion are unfounded.”
“There is a large gulf between finding that a witness is not competent to testify about what they personally witnessed, and simply allowing impeachment by vigorous cross-examination,” the judge clarified. “This is a matter for cross-examination by Defendant and any concerns with D.M.’s ability to perceive and remember what she claims she saw may be tested in that manner.”
Autism Diagnosis Ruled Inadmissible for Courtroom Demeanor
In another setback for the Bryan Kohberger defense, Judge Hippler ruled that evidence of Kohberger’s autism diagnosis could only be presented to explain his courtroom behavior if Kohberger personally testifies. “The Court finds that if Defendant does not testify, evidence of his diagnoses to explain his courtroom demeanor is not relevant and/or inadmissible,” the order specified.
During the trial’s penalty phase, the defense intended to present expert testimony regarding his autism spectrum disorder diagnosis to explain potentially “odd” courtroom behavior, which the prosecution sought to prevent. The defense argued that his condition could elucidate behaviors like “flat affect, intense eye contact, awkward body posture and lack of emotive responses,” ensuring they are not interpreted “in a sinister light,” according to court documents.
Details of Autism Diagnosis
While detained, Kohberger underwent evaluation by defense expert Dr. Rachel Orr, who diagnosed him with Autism Spectrum Disorder (ASD) and Obsessive Compulsive Disorder (OCD). The court order specifies his autism diagnosis is “level 1, without accompanying intellectual or language impairment” – “the least severe form of ASD” – and that he is “highly-functioning.”
Judge Hippler noted he had not observed any “odd” or inappropriate behavior from Kohberger during numerous court appearances. “Not once has the Court perceived Defendant to be acting in an odd or incongruent manner or otherwise demonstrating signs at counsel table that would warrant any explanation to the jury,” the judge stated, describing his “demeanor has been entirely appropriate.”
If Kohberger does not testify, his demeanor is deemed irrelevant, as jurors are instructed to consider only witness testimony. “Introducing such evidence risks confusing the issues, misleading the jurors, wasting time and potentially unfairly prejudicing both Defendant and the State,” the judge explained. However, should Kohberger choose to testify, “evidence to explain his demeanor may become relevant.”
Ruling on OCD Evidence Reserved
While rejecting the presentation of the autism diagnosis for demeanor explanation at this stage, the judge deferred ruling on whether jurors could hear evidence related to Kohberger’s OCD until the trial. The defense claims Kohberger’s OCD results in glove-wearing, shower curtain disposal, and nighttime driving due to sleep difficulties. Kohberger’s alibi for the murder night is that he was driving alone, observing the moon and stars.
Developmental Coordination Disorder Evidence Rejected
Furthermore, Judge Hippler prohibited the presentation of Developmental Coordination Disorder (DCD) evidence, citing the lack of a current DCD diagnosis, arguing against its relevance in explaining Kohberger’s alleged inability to commit four murders within the state’s estimated 13-minute timeframe.
Minor Defense Win on DNA Terminology
In other rulings, the judge denied the defense’s petition to restrict testimony regarding surveillance footage of the white Hyundai Elantra linked to the crime scene. However, the defense achieved a minor victory with the judge requesting witnesses to avoid terms like ‘touch DNA’, ‘contact DNA’, and ‘trace DNA’ concerning the knife sheath evidence.
Previously, the judge had ruled against using Kohberger’s diagnoses as aggravating factors in a potential death penalty phase and banned “sociopath” and “psychopath” terms. However, Kohberger’s Amazon purchase history is admissible.
Knife Sheath and Amazon Purchases Key Evidence
Kohberger was connected to the murders via a Ka-Bar brown leather knife sheath with a US Marine Corps seal, found near Madison Mogen’s body. DNA on the sheath was linked to Kohberger through Investigative Genetic Genealogy (IGG). Post-arrest, it was confirmed as a statistical match. While the murder weapon remains unfound, prosecution filings reveal Kohberger’s Amazon history shows purchases of a Ka-Bar knife, sheath, and sharpener in March 2022, shipped to his Pennsylvania home. Prosecutors also allege post-murders searches for replacement knives and sheaths by Kohberger.
Trial and Potential Death Penalty
Kohberger’s trial is scheduled for August. He faces the death penalty upon conviction, a prospect welcomed by some victim families. State law changes now permit execution by firing squad. The gruesome murders, the first in seven years in the small college town, instilled fear and resonated nationwide. On December 30, 2022, police arrested Kohberger at his parents’ Pennsylvania residence.
Additional Evidence Against Kohberger
Besides DNA evidence, prosecutors cite Kohberger’s white Elantra, matching a vehicle seen leaving the crime scene, as further evidence. Cellphone records purportedly indicate Kohberger stalked the victims’ King Road residence at least a dozen times prior to the murders and switched off his phone during the crime. He entered a not guilty plea at his arraignment and is next due in court in mid-May for a pre-trial hearing for the Idaho student killings.