The bushy eyebrows are in. Mentions of autism spectrum disorder are out for now. Using the terms murder and murderer in the courtroom is okay. Referring to the defendant as either a psychopath or a sociopath is not.
So go the rulings on some of the many motions in the Bryan Kohberger trial, which is scheduled to begin on August 11, 2025. Kohberger stands accused of murdering four students at the University of Idaho in 2022. With not-guilty pleas entered, the prosecution and defense continue to battle over pre-trial motions. Kohberger faces the possibility of the death penalty if convicted.
Murder in Moscow
In the early hours of November 13, 2022, four students at the University of Idaho — Ethan Chapin, Madison Mogen, Kaylee Goncalves, and Xana Kernodle — were stabbed and killed in the off-campus house that served as their home. The ensuing police investigation led to the arrest of Kohberger, a graduate student studying Criminal Justice at Washington State University, weeks later at his parents' Pennsylvania home.
A knife sheath found at the scene of the crime contained DNA, but it didn't match anyone in the Federal Bureau of Investigation's (FBI) database. Authorities accessed public ancestry websites, which gave them a list of possible suspects that included Kohberger. A search of garbage at his parents' house provided a DNA match. Kohberger was arrested and charged with four counts of murder in the first degree on December 29, 2022.
Motions in Motion
As might be expected in a case carrying serious and potentially deadly ramifications, both the prosecution and Kohberger's defense team have inundated the court with motions in limine as each side scrabbles for any advantages they can get. While some have already been addressed, such as the death penalty being on the table, others received a ruling on April 19, 2025.
Two other roommates of the victims, who were home at the time of the murders but weren't attacked, saw a man walking through the house at around 4 a.m. wearing a balaclava, which is a ski mask that covers everything but the eyes and mouth. One told police she distinctly remembered that the person had "bushy eyebrows," which match Kohberger's eyebrows. Prosecutors intend to have her testify.
The defense sought to have her testimony and any mention of bushy eyebrows barred from evidence. Citing it as unreliable and irrelevant, they argued that the witness had been drinking, was sleepy, and only saw the figure for seconds. She could not provide enough description to work with a police sketch artist.
District Judge Steven Hippler disagreed, stating that this sort of testimony was exactly what cross-examination was for and that the defense would get their chance to challenge her observations and memory on the stand.
The judge also ruled on motions concerning a number of conditions Kohberger allegedly suffers from. The defense team had initially moved to have the death penalty barred due to Kohberger's autism spectrum disorder, but the courts ruled against them in 2024. According to the defense, Kohberger also suffers from obsessive-compulsive disorder and developmental coordination disorder.
Judge Hippler ruled that while Kohberger's alleged conditions could be mentioned during voir dire, the defense couldn't use expert testimony as a defense unless Kohberger takes the stand at some point. Arguing that nothing he'd seen from Kohberger's courtroom demeanor suggested his disorders would unduly influence the jury, Judge Hippler added that unnecessary explanations of the conditions would cause an already lengthy legal process to drag on further.
In a split decision, prosecutors were awarded the right to use "murder" and "murderer" in the courtroom, but the defense's motion to ban "psychopath" and "sociopath" from being used to describe Kohberger was also granted.
Just the Facts, Ma'am
Many motions remain as the August 11, 2025 trial date draws closer. With the balaclava and Kohberger's purchase of a Ka-Bar knife admitted into evidence through previous motions, many wonder if the defense will be forced to deviate from their stated plan of not putting Kohberger on the stand. While the onus falls on the prosecution to establish a motive for Kohberger's alleged actions, the defense faces a formidable task.
Nothing resolved in the courtroom will reverse the tragedy that appears to have senselessly taken four young lives. Whether justice will be served for their families and loved ones remains to be seen.
Related Resources
- Cross-Examination Tips That Will Help Your Case (FindLaw's Practice of Law)
- What Is a Motion? (FindLaw's What To Expect When Going to Court)
- Jury Selection (FindLaw's Criminal Procedure)
