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By Jenna Sundel
News Reporter
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A new court filing in the Bryan Kohberger case includes a photo of him taken hours after he allegedly killed four University of Idaho students.
The prosecution said it intends to introduce a photo of Kohberger taken at 10:31 a.m. on November 13, 2022, in a response filed on Monday.
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Why It Matters
Kohberger, 30, is charged with four counts of first-degree murder and one count of felony burglary. A not-guilty plea was entered on his behalf.
He is accused of fatally stabbing University of Idaho students Madison Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin in an off-campus residence in Moscow, Idaho, in the early morning hours of November 13, 2022.
What To Know
The state's response filed Monday asked the court to find a witness' descriptions of a home intruder on the night of the murders admissible as evidence.
The witness, who is only identified as D.M., observed a person inside of a residence she shared with four roommates sometime before 4:19 a.m., according to the court document.
D.M. used the term "bushy" to describe the intruder's eyebrows five times.
"I just remember, like, bushy eyebrows. That's all I could think about," the witness said on November 17.
The state said it intends to show the photo of Kohberger to the jury during the trial.
"Whether or not Bryan Kohberger can be described as having 'bushy eyebrows' is a factual determination to be decided by the jury," senior deputy prosecutor Ashley Jennings wrote in the response.
Other characteristics D.M. consistently used in her descriptions include that the intruder was a white male wearing all black with a "skinny/athletic build." The witness said the man was a few inches taller than her, wore a mask and did not have a voice she recognized.
In a motion filed last month, the defense argued that the description given by D.M. is "unreliable" and asked the court to exclude it from evidence.
"She only saw the intruder briefly. Her recollection or lack thereof is filled with uncertainty, fuzziness, the influence of alcohol, dreaming, and sleepiness," defense attorney Elisa Massoth said in the motion.
What People Are Saying
Jennings, in a response: "D.M. also made it clear the eyebrows are the feature she most clearly remembered. It is evident by the degree of detail she provided about the events leading up, during, and after the crimes that she provided reliable descriptions."
Massoth, in a motion: "If evidence of 'bushy eyebrows' is presented to the jury, the jury might well believe that Mr. Kohberger is guilty simply because of 'bushy eyebrows.' As a consequence, there is a danger that the jury would reach a decision on an improper basis due to evidence that is unfairly prejudicial."
What Happens Next
Kohberger's trial is scheduled to start on August 11, with jury selection beginning in late July.
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