As the trial date for Bryan Kohberger, accused of stabbing four University of Idaho students to death, approaches, both the defense and prosecutors are making new legal moves. The defense has requested restrictions on the use of certain terms at trial, such as “murder,” “psychopath,” and “sociopath.” They are also seeking to limit the number of crime scene photos shown to the jury to avoid potentially inflammatory content. On the other hand, prosecutors have demanded that the defense stop referring to the state’s intent to seek the death penalty as “an attempt to kill” the defendant.
One consequential motion filed by Kohberger’s defense is to have the possibility of the death penalty thrown out due to prosecutors allegedly taking too long to hand over discovery disclosures. These filings have been made public as part of documents recently unsealed by the Ada County judge overseeing the case. The lack of communication between authorities and the victims’ families has been criticized, with the victims’ attorney expressing dismay over the situation. Despite previous attempts, Kohberger’s attorney is still seeking to have the death penalty removed as an option in the case.
Kohberger waived his right to a speedy trial and has been in custody since his arrest in December 2022. His defense claims that it could take up to three more years to review and understand the digital evidence in the case. The trial is currently scheduled to begin in August, with the defense seeking to preclude the death penalty due to discovery violations and delays. A defense attorney familiar with the case believes that the Court will hold parties to the trial schedule unless circumstances make it impossible to do so.
The defense is also seeking to limit the use of certain words like “murder” and terms like “psychopath” and “sociopath” in reference to Kohberger. They argue that such language could be unfairly prejudicial and deny his right to a fair trial. Crime scene photos and other evidence, such as police bodycam videos and autopsy images, could potentially paint a gruesome scene due to the brutal nature of the crime. Kohberger is accused of stabbing the victims multiple times with a large knife, with all four victims sustaining fatal injuries consistent with the same weapon.
While some evidence, such as the presence of a Ka-Bar knife sheath with DNA that led to Kohberger, points to his involvement in the crime, the defense is seeking to suppress certain images and videos that they believe could be overly prejudicial. The judge overseeing the case has entered not guilty pleas on Kohberger’s behalf and has scheduled motion hearings for April. If convicted of the four counts of first-degree murder and burglary charge, Kohberger could face execution by firing squad. The legal positioning and evidence in the case continue to evolve as the trial date approaches.
