Bryan Kohberger defense ramps up legal maneuvers in bid to keep Idaho murders suspect off death row

As Bryan Kohberger’s trial date approaches in the stabbing deaths of four University of Idaho students, new evidence and legal positioning continues to emerge and evolve as the parties pick up the pace of court filings.

The defense is asking the court to limit the use of the word “murder” at trial, as well as ban terms like psychopath, sociopath and even references to “bushy eyebrows.” They also don’t want the judge to allow too many crime scene photos to be shown in front of the jury because the grisly imagery could be “inflammatory.”

On the other hand, prosecutors have demanded the defense stop referring to the state’s intent to seek the death penalty if there is a conviction as “an attempt to kill” the defendant.

In what could become one of the more consequential motions, Kohberger’s defense asked the court to throw out the possibility of the death penalty on the grounds that prosecutors took too long handing over discovery disclosures.

The filings became public as part of a slew of documents unsealed by the Ada County judge now overseeing the case, who told both sides they will have to legally justify submitting filings under seal going forward. 

Shanon Gray, the attorney for the family of victim Kaylee Goncalves, 21, said he could not share his views on the filings themselves due to a long-standing gag order on the case – but he blasted the lack of communication between authorities and his clients.

“The Latah County prosecutors’ failure to notify the victims’ families about the content of the motions that were being filed is unacceptable,” he told Fox News Digital. “As we have previously stated… the communication from their office to the Goncalves family has been poor, to say the least.”

Kohberger’s attorney, Anne Taylor, has had several prior attempts to take the death penalty off the table rejected, but she noted that Lori Vallow, a convicted multi-murderer, successfully made a similar argument in her own Idaho case.

“This Court has commented in other proceedings related to Mr. Kohberger’s trial setting and motions about discovery and expert opinions, that Lori Vallow’s case is distinguishable because she had not waived her speedy trial rights,” Taylor wrote. “However, in this case, it is the Court that is repeatedly telling all counsel and Mr. Kohberger that the trial date is set in stone and everyone must be ready to proceed by July 30, 2025.”

Kohberger did waive his right to a speedy trial and has been held without bail since his arrest on Dec. 30, 2022. But Taylor claimed that it could take up to another three years to review and understand the digital evidence alone.

The trial is scheduled to begin in August.

“I think the motion to preclude the death penalty for discovery violations might have some legitimate teeth,” said Edwina Elcox, a Boise-based defense attorney who used to represent Vallow. “I think Judge Hippler will hold them to the trial schedule unless it becomes virtually impossible to do so. If the defense motion is accurate, which I have no doubt it is, I do not think the Court will be sympathetic to the prosecution.”

A New York City judge limited the use of the word “murder” in Daniel Penny’s trial for the death of Jordan Neely last year. However, Penny wasn’t charged with murder. He was accused of manslaughter and criminally negligent homicide for the unintentional death of Neely – and later acquitted.

Kohberger is accused of four counts of first-degree murder. While the defense does not oppose using the word in charging documents or jury instructions, his lawyers asked the court to block the terms “murder,” “murderer,” “murdered,” “murder weapon,” and other variations when applied to Kohberger specifically.

“To label Mr. Kohberger as a ‘murderer,’ the alleged weapon consistent with an empty sheath as a ‘murder weapon,’ or to assert that any of the four decedents was ‘murdered’ by Mr. Kohberger denies his right to a fair trial and the right to be presumed innocent,” Taylor argued in court filings unsealed this week.

Further, according to Taylor, using words like “psychopath” and “sociopath” to refer to the quadruple murder suspect amounts to “name calling” and would be “unfairly prejudicial.”

“Murder is a legal term and the crime being charged, so there is no basis to exclude it,” said Neama Rahmani, a Los Angeles-based trial attorney and former federal prosecutor who has been following the case. “Psychopath and sociopath are different and potentially inflammatory, so the judge may exclude those terms, at least during the guilt phase. ‘Bushy eyebrows’ was part of the roommate’s description, so that should come in.”

Taylor is also seeking to suppress at least some crime scene photos, police bodycam and images of the victims’ autopsies. 

Photos inside the house are expected to paint a gruesome scene due to the nature of the crime.

Goncalves, Madison Mogen, 21, Xana Kernodle, 20, and Ethan Chapin, 20, had all been stabbed multiple times.

Goncalves’ father, Steve Goncalves, previously told Fox News Digital after the attack that his daughter’s wounds included “tears” and “big open gouges.”

Latah County Coroner Cathy Mabbutt said it appeared that whoever attacked them used the same knife on each victim.

“It had to be a really big knife to inflict those injuries and kill four people,” she said, before Kohberger had been identified as a suspect.

Investigators discovered a Ka-Bar knife sheath under Mogen’s body, which they allege had DNA on the snap that led them to Kohberger. While search warrant returns show police confiscated knives as part of the investigation, it’s unclear whether any are believed to be the suspected murder weapon.

There are also hours of bodycam video from police who entered the home, as well as 3D models created by the FBI.

“Crime scene photos can and should come in to the extent that it’s not overly cumulative,” Rahmani said. “We’re talking about a gruesome quadruple murder and it’s key evidence in the case.”

Repeatedly showing similar, grisly images could be unfairly prejudicial and violate Kohberger’s right to a fair trial, Taylor argued.

Latah County Judge John Judge, who was overseeing the case before he granted a change of venue, entered not guilty pleas on Kohberger’s behalf at his arraignment in May 2023.

The suspect faces four counts of first-degree murder and a felony burglary charge and could face execution by firing squad if convicted.

The new judge, Steven Hippler in Ada County, has scheduled motion hearings in April.

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Stephen Collopy

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