A judge ruled Friday that a surviving roommate of four slain University of Idaho students will be allowed to testify about seeing an intruder with “bushy eyebrows” the night of the 2022 killings, despite objections from the defense.
Bryan Kohberger, 30, is charged with four counts of murder in the stabbing deaths of Ethan Chapin, Xana Kernodle, Madison Mogen, and Kaylee Goncalves at a rental home near the University of Idaho campus in Moscow. His trial is expected to begin later this year.
According to court documents, the surviving roommate told police she saw a masked person dressed in black inside the house shortly before 4:19 a.m. on the day of the attack. She reported being intoxicated at the time and could not recall many details about the intruder’s face—but noted the person’s “bushy eyebrows” stood out in her memory.
Kohberger’s attorneys sought to exclude any testimony referencing the eyebrows, calling the identification vague, unreliable, and prejudicial. They argued that the roommate was under the influence of alcohol, sleepy, and unsure of what she saw. They also noted that she could not describe enough facial detail for law enforcement to create a composite sketch.
Defense attorneys claimed allowing her to testify about the bushy eyebrows could unfairly sway the jury, especially because Kohberger also has thick eyebrows.
But 4th District Judge Steven Hippler denied the motion, writing that questions about the witness’s memory and reliability are appropriate topics for cross-examination—not reasons to bar her testimony.
“There is a large gulf between a finding that a witness is not competent to testify about what they personally witnessed, and simply allowing impeachment by vigorous cross-examination,” Hippler wrote. “This is a matter for cross-examination.”
Kohberger, a former criminal justice graduate student at Washington State University, was arrested in Pennsylvania weeks after the killings. Investigators say DNA on a knife sheath left at the scene matches Kohberger.
When asked to enter a plea, Kohberger stood silent. A judge entered a not guilty plea on his behalf.
The judge also addressed arguments over whether Kohberger’s mental health diagnoses could be brought up during the trial—specifically during the sentencing phase if he is convicted.
Prosecutors asked the court to block any references to Kohberger’s autism spectrum disorder, obsessive-compulsive disorder (OCD), or developmental coordination disorder. They said these diagnoses should not be used to minimize his responsibility.
The defense responded that they were not attempting to use these conditions to reduce culpability. Instead, they said Kohberger’s diagnoses help explain behaviors such as maintaining prolonged eye contact, remaining very still, or appearing emotionally flat in the courtroom.
Judge Hippler said he had not noticed any unusual conduct from Kohberger during proceedings.
“Not once has the Court perceived Defendant to be acting in an odd or incongruent manner or otherwise demonstrating signs at counsel table that would warrant any explanation to the jury,” Hippler wrote.
He said testimony about Kohberger’s mental health conditions would likely confuse jurors and take up unnecessary time during an already lengthy trial. However, if Kohberger chooses to testify, his demeanor could become relevant.
Hippler also left the door open for future consideration of Kohberger’s OCD diagnosis if it becomes relevant, such as in discussions of his reported sleep difficulties and nighttime driving habits. Any such matters must be raised outside the presence of the jury.
The Associated Press contributed to this story.
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