Idaho Judge Limits Defense Expert Testimony in Kohberger Murder Case
An Idaho judge has significantly curtailed the defense’s ability to present expert testimony in the upcoming trial of Bryan Kohberger, who stands accused of the brutal murders of four University of Idaho students in November 2022. Judge Steven Hippler issued an order denying Kohberger’s request to bring in defense experts to directly challenge the prosecution’s theories regarding his movements and online shopping activity, specifically focusing on his Amazon history.
The judge’s decision stipulates that the information the defense seeks to convey through these experts can be presented through written declarations. Furthermore, Judge Hippler indicated that the defense counsel may have the witnesses available via video streaming during the scheduled hearing. Should the court deem it necessary to hear directly from these experts, it may allow such testimony through a live-stream video connection. This ruling represents a notable setback for the defense team as they prepare to contest the evidence presented by the prosecution.
One of the key experts affected by this decision is David Howell, whom the defense intended to call as part of Kohberger’s effort to suppress his Amazon shopping records and "click activity" from being presented to the jury. Defense attorney Elisa Massoth has argued vehemently against the admissibility of the Amazon evidence, contending that the term "click activity" is excessively vague and that prosecutors have failed to adequately define it or describe the nature of the expert testimony they intend to introduce related to it.
Massoth asserted that the state’s presentation of the Amazon history and "click activity" is "out of context, incomplete, and unfairly prejudicial," thereby rendering it inadmissible as evidence. She further elaborated on this point by arguing that Amazon’s AI-driven algorithm plays a significant role in shaping user behavior by presenting products that it predicts shoppers would be interested in, alongside paid advertisements. This, she suggests, could skew the interpretation of Kohberger’s browsing history and purchase patterns.
The case has drawn intense scrutiny due to the nature of the crime and the evidence being examined. The suspected murder weapon has not yet been recovered, but authorities did find a Ka-Bar knife sheath under one of the victim’s bodies. This sheath allegedly had Kohberger’s DNA on it, a key piece of evidence linking him to the crime scene.
The content of Kohberger’s Amazon records remains confidential, but there is speculation that they could reveal a purchase of a Ka-Bar knife. NBC’s "Dateline" reported in 2023 that Kohberger purchased a Ka-Bar knife via Amazon in 2022, prior to relocating to Pullman, Washington, to attend Washington State University. However, this report has not been independently verified. The potential presence of such a purchase in Kohberger’s Amazon history could be highly incriminating, given the discovery of the Ka-Bar sheath at the crime scene.
The other expert identified in Judge Hippler’s order is Sy Ryan, which is likely a reference to Sy Ray, an expert specializing in geofencing and tracking movements through phone data. The defense team planned to call Ray in response to the FBI Agent Nicholas Ballance’s analysis and interpretation of phone tower and call records. Kohberger’s team disputes Ballance’s analysis, claiming it is "severely flawed." The defense has also filed a separate motion seeking to disqualify Ballance as an expert witness.
Both Howell and Ray were scheduled to testify at an April 9 motion hearing. However, Judge Hippler’s order has now altered the format of their potential testimony, limiting it to declarations and potential video streaming.
Kohberger is scheduled to stand trial beginning on August 11 in connection with the stabbing deaths of Madison Mogen, 21, Kaylee Goncalves, 21, Xana Kernodle, 20, and Ethan Chapin, 20. The four University of Idaho students were killed in a home invasion attack that occurred around 4 a.m. on November 13, 2022.
At the time of the murders, Kohberger was studying for a Ph.D. in criminology at Washington State University, which is located in close proximity to the University of Idaho. He faces four counts of first-degree murder and one count of burglary. If convicted, Kohberger could face the death penalty. He entered not-guilty pleas to all charges at his arraignment in May 2023.
The judge’s decision to restrict the defense’s expert testimony could significantly impact the course of the trial. It remains to be seen whether the limited format of declarations and potential video streaming will allow the defense to effectively challenge the prosecution’s evidence and present its own theories about Kohberger’s movements and online activity. The trial is expected to be closely watched by the public and legal experts alike, given the gravity of the charges and the complex nature of the evidence involved.
