Judge Steven Hippler agreed to the defense's request to ban the words "psychopath" and "sociopath" from the trial. The defense asked that the phrases "touch DNA" and "contact DNA" be excluded, arguing that it is misleading and can be misunderstood by a jury. Hippler said he was not inclined to "police phraseology" and noted the concern that if a "banned word" is accidentally used in the courtroom, it could result in a mistrial. Hippler encouraged council to avoid the terms but said he will not "police experts in the field" and encouraged legal teams to not "underestimate the reasonableness and intelligence of jurors."
Kohberger, 30, is accused of fatally stabbing four University of Idaho students in November 2022. At the time, he was a criminal justice graduate student at Washington State University. The DeSales University graduate was arrested weeks later at his family's home in Albrightsville, Pennsylvania. During Wednesday’s pre-trial hearing, defense attorneys asked Fourth District Judge Steven Hippler to limit the state’s use of graphic evidence and inflammatory language — specifically terms like "murderer," "psychopath," and "sociopath."
The argument over the use of “inflammatory” evidence and words that might prejudice the jury at Bryan Kohberger’s trial kicked off a motions hearing that will shape the proceedings and, if they are successful for his defense, remove the death penalty as punishment. The trial is expected to begin in August. Prosecutors and the defense team for Kohberger, 30, have clashed in court filings over what should be admissible, sharing new information that has filled in some gaps since the killings in late 2022 stunned the college town of Moscow. A sweeping gag order in the wake of the students’ deaths has prevented many attached to the case from speaking publicly. Kohberger is accused of fatally stabbing housemates Madison Mogen, 21; Kaylee Goncalves, 21; and Xana Kernodle, 20; as well as Kernodle’s boyfriend, Ethan Chapin, 20, with a large fixed-blade knife at an off-campus home on Nov. 13, 2022.
