BOISE, Idaho—Idaho prosecutors say a man charged in the stabbing deaths of four University of Idaho students shouldn’t be allowed to offer an alibi defense unless he takes the stand himself during the murder trial later this year.
Latah County Prosecutor Bill Thompson asked a judge to limit any alibi evidence during Bryan Kohberger’s trial in a court document released on Tuesday. He also asked 4th District Judge Steven Hippler to limit evidence about any psychiatric evaluations Kohberger might have undergone, as well as arguments about an alternate perpetrator of the crimes.
Kohberger is charged with four counts of murder in the deaths of Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves, students who were killed in the early morning of Nov. 13, 2022, at a rental home near their campus in Moscow, Idaho. When asked to enter a plea last year, Kohberger stood silent, prompting a judge to enter a not-guilty plea on his behalf. Prosecutors have said they will seek the death penalty if Kohberger is convicted.
Thousands of pages of court documents have been filed in the complicated case as attorneys on both sides attempt to set the ground rules for what will and won’t be presented to jurors during the three-month trial set to begin Aug. 11.
Kohberger’s defense team filed a court document last year that said he was, “ out driving in the early morning hours of November 13, 2022; as he often did to hike and run and/or see the moon and stars.” The defense also said an expert in cellphone tracking would partially back those claims by testifying about where Kohberger’s mobile device was during those hours.
But Latah County Prosecutor Bill Thompson wrote in his motion that the defense team hasn’t provided enough specific details about exactly where Kohberger claims to have been, and that they failed to meet disclosure deadlines set by the judge.
“It would be unrealistic at this late date to expect the State to effectively investigate and respond to any new or additional alibi-related disclosures,” Thompson wrote, and so any alibi evidence should be barred unless it comes from Kohberger himself.
Thompson also asked the judge to limit the defense from offering any arguments about other possible perpetrators unless the judge first decides the evidence is relevant and admissible in court.
“In this case, during the course of the investigation, literally thousands of tips regarding possible perpetrators were received by law enforcement. With the exception of information regarding the Defendant, none of these tips were substantiated,” Thompson wrote.
He also asked that some testimony on neuropsychological and psychiatric evaluations of Kohberger be barred, arguing it’s not allowable under state rules.
Defense attorney Anne Taylor, meanwhile, asked the court for permission to file a lengthy court document that will include motions on a variety of things including improperly disclosed expert testimony, references to “touch” and “contact” DNA, and “witness identification by bushy eyebrows.” The judge approved Taylor’s request to file the long document, but it has not yet been released to the public.
