Bryan Kohberger’s defense team is trying to create an “illusion” for future jurors with a new effort to get certain evidence tossed, a former FBI special agent said.
Kohberger is charged with first-degree murder in the deaths of four students at the University of Idaho, including Kaylee Goncalves, 21; Xana Kernodle, 20; Madison Mogen, 21; and Ethan Chapin, 20. The former Washington State University student was also charged with one felony count of burglary.
During an April 9 hearing, Judge Steven Hippler issued several rulings on motions filed by the defense. Hippler agreed partially to a motion from defense attorneys that would have blocked prosecutors from using words such as “psychopath” and “sociopath” during the trial.
He cautioned, however, that the defense’s request is similar to asking for “an order that says the state shall not commit prosecutorial misconduct.” Hippler said the word “murderer” could be used during closing arguments, but said terms like “sociopath” and “psycho-” can’t be used unless an expert evaluation determines that these words describe Kohberger.
WHAT WENT BRYAN KOHBERGER’S WAY — AND WHAT DIDN’T — AT EVIDENCE MOTIONS HEARING
Bryan Kohberger enters the courtroom for a hearing Tuesday at the Latah County Courthouse in Moscow, Idaho, U.S. June 27, 2023. (August Frank/Pool via REUTERS)
A doctor being used as a witness by the defense also agreed to hand over her findings on Bryan Kohberger’s psychological state following a motion to preclude the death penalty based on the former Washington State University student’s autism diagnosis.
Kohberger’s defense team also asked for “inflammatory evidence” to be left out of the trial, such as excessive use of crime scene pictures, but Hippler said he expects the evidence to reflect the “brutal and horrific” nature of the murders.
A request from defense attorneys to have Kohberger’s 2020 DeSales University essay about crime scene handling excluded from the trial was denied.
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During the hearing on April 9, defense attorneys also pushed to have audio from the 911 call made by the victim’s roommate excluded from the trial. Hippler said he’d consider only allowing a redacted version of the call to be aired during the trial, but said he’ll likely allow the 911 call audio to be played.
Hippler said he’d rule on some motions after the hearing.
Former FBI special agent Jonathan Gilliam told Fox News Digital that he thinks Kohberger’s defense team is focused on creating doubt for future jurors.
“It’s important to realize that [the defense] are not focused on his guilt or innocence. They’re focused on showing or creating the illusion that the prosecution does not have a strong enough case to convict,” Gilliam said. “Whether or not these defense attorneys believe that Bryan Kohberger didn’t murder these four individuals or not is irrelevant to the defense.”
IDAHO PROSECUTORS SAY THEY WILL CALL ‘A FEW’ OF BRYAN KOHBERGER’S FAMILY MEMBERS TO TESTIFY AT TRIAL
Bryan Kohberger appears in court in Moscow, Idaho on Thursday, Oct. 26, 2023. Kohberger appeared in court in an attempt to overturn his grand jury indictment for the 2022 murders of four college students in their home. (Kai Eiselein/Pool)
Anne Taylor, an attorney representing Bryan Kohberger, who is accused of killing four University of Idaho students in November 2022, arrives at a hearing in Latah County District Court, Wednesday, Sept. 13, 2023, in Moscow, Idaho. (AP Photo/Ted S. Warren, Pool)
“[The defense is] trying to influence the court so that the court ends up creating a barrier or a hurdle for the prosecution,” he added.
During the April 9 hearing, defense attorney Anne Taylor attempted to argue that the prosecution is intentionally slow-walking discovery, but later admitted that all requests from the defense have been provided.
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Gilliam said this was another attempt from Taylor to try and delay the process even more.
“They have been able to stall it over and over again,” Gilliam said of Taylor’s courtroom tactics. “And I wonder if they’re trying to do that, to put distance enough where they can get a more sympathetic jury, where they hope that some of the evidentiary stuff can be thrown out because maybe it’s not as crystal clear as the prosecution wants.”
WATCH: Kohberger’s team ‘throwing everything’ at the wall, expert says
Former homicide detective and Fox News contributor Ted Williams told Fox News Digital that Kohberger’s defense team is trying to do everything they can to poke holes in the prosecution’s arguments.
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Madison Mogen, top left, smiles on the shoulders of her best friend, Kaylee Goncalves, as they pose with Ethan Chapin, Xana Kernodle, and two other housemates in Goncalves’ final Instagram post, shared the day before the four students were stabbed to death. (@kayleegoncalves/Instagram)
A watchman parked outside 1122 King Road on Dec. 11, 2022, four weeks after four students were stabbed to death inside. (Michael Ruiz/Fox News Digital)
“What they’re doing is they’re throwing any and everything they can against the wall and they’re hoping that something will stick,” Williams said. “But there’s overwhelming evidence that put Bryan Kohberger not only in the house, but evidence that show that it’s more likely than not that he is the killer of these four young students.”
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A jury trial is scheduled for Aug. 11.
Fox News Digital’s Michael Ruiz contributed to this report.
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