Idaho murders trial judge rules on Bryan Kohberger’s autism defense and if roommate can say ‘bushy eyebrows’

An Idaho judge has dealt a series of blows to Bryan Kohberger’s defense in his capital murder trial – striking down his efforts to have the term ‘bushy eyebrows’ banned from the case and ruling that his autism diagnosis cannot be presented as an excuse for his courtroom behavior. 

The 30-year-old criminology PhD student is facing the death penalty for the murders of Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves in Moscow, Idaho, back on November 13, 2022.

The four University of Idaho students were brutally stabbed to death in the early hours of the morning in the off-campus home in Moscow, Idaho, that the three young women shared with two other roommates. 

A flurry of court orders was handed down in the case Friday – one week on from a courtroom showdown between the defense and the prosecution over critical evidence in the high-profile case. 

In one of the orders, Judge Steven Hippler ruled that the term ‘bushy eyebrows’ would not be struck from the trial, paving the way for surviving roommate Dylan Mortensen’s critical eyewitness testimony. 

‘D.M.’s testimony about “bushy eyebrows” is highly relevant in this case,’ the judge ruled. 

‘D.M. is the only eyewitness to the intruder responsible for the homicides. It is the jury’s task to determine whether Defendant is that person.’

The judge pointed out that Mortensen’s accounts have been ‘consistent’ and that ‘there is nothing confusing about her testimony.’

Bryan Kohberger snapped this creepy selfie six hours after the brutal Moscow murders

Left to right: Dylan Mortensen, Kaylee Goncalves, Madison Mogen (on Kaylee’s shoulders) Ethan Chapin, Xana Kernodle and Bethany Funke

Mortensen came face-to-face with an intruder inside the off-campus student home in Moscow, Idaho, around the time of the murders.

The intruder, she described, was tall, dressed in all black and was wearing a mask. He allegedly walked past her room on the second floor in the direction of the back sliding door. 

Due to the mask, Mortensen could only see the eyes and eyebrows of the figure, and recalled seeing his ‘bushy eyebrows.’  

The defense wanted to block the term ‘bushy eyebrows’ from the trial.

In last week’s hearing, the defense picked holes in Mortensen’s reliability as a witness – including that she admitted she was drunk at the time, told police she was in a ‘dream-like state,’ had drawings of people with prominent eyebrows on her walls, and that she was not separated from other witnesses following the discovery of the murders.

They also argued that Mortensen did not mention eyebrows at all during the first three police interviews – only mentioning them when asked by officers.

‘The lynchpin, the reliability is not there,’ the defense said.

Prosecutors, however, argued that her account and description of the intruder had been consistent in every interview – the man was white, a few inches taller than her, dressed in all black, wearing a mask, was skinny and had a voice she did not recognize.

The off-campus home where the four University of Idaho students were murdered on November 13, 2022

Bryan Kohberger returned to a courtroom in Ada County, Idaho, Wednesday morning for a showdown between his defense and the prosecution over critical evidence

The state also argued that the focus on eyes and eyebrows was natural, given that was the only facial feature she could see beneath the mask.

Prosecutors want to show jurors a chilling selfie captured by Kohberger around six hours after the murders as evidence of his ‘bushy eyebrows’ at the time of the murders. 

‘Dylan Mortensen is the only living individual who saw the person who’s responsible for these homicides,’ the prosecutor said, adding that this makes her ‘relevant to identify the killer.’

In siding with the state, Judge Hippler wrote in his court order that Mortensen’s account ‘account of what she saw and the physical characteristics of the intruder were remarkably consistent throughout all five interviews and her grand jury testimony.’ 

‘Although she might have been intoxicated or tired or questioned her memory, the consistency of her descriptions suggest high degree of reliability,’ the judge ruled, adding that ‘challenges to her competency and personal knowledge as basis for exclusion are unfounded.’ 

‘There is large gulf between finding that witness is not competent to testify about what they personally witnessed, and simply allowing impeachment by vigorous cross-examination,’ the judge wrote. 

‘This is matter for cross-examination by Defendant and any concerns with D.M.’s ability to perceive and remember what she claims she saw may be tested in that manner.’

In another blow to Kohberger’s defense strategy, the judge also issued a bombshell court order ruling that his team can only present evidence of his autism diagnosis if Kohberger takes the stand to testify. 

‘The Court finds that if Defendant does not testify, evidence of his diagnoses to explain his courtroom demeanor is not relevant and/or inadmissible,’ the judge ruled.

During the penalty phase – where, if convicted, jurors could sentence him to death – Kohberger’s defense wanted to present expert witness testimony about his autism diagnosis.

The defense team claimed that his diagnosis could explain to jurors Kohberger’s potentially odd behavior in the courtroom – something the prosecution asked the judge to reject. 

‘Specifically, Defendant asserts testimony about his ASD will help the jury understand that his behavioral characteristics, such as his flat affect, intense eye contact, awkward body posture and lack of emotive responses, are associated with his ASD and should not be interpreted in sinister light,’ the court order reads.

While behind bars awaiting trial for the murders, Kohberger underwent a comprehensive neuropsychological evaluation by defense expert Dr. Rachel Orr.

She ultimately diagnosed him with Autism Spectrum Disorder (ASD) and Obsessive Compulsive Disorder (OCD).

The court order notes that his autism diagnosis is for ‘level 1, without accompanying intellectual or language impairment’ – ‘the least severe form of ASD’ – and that he is ‘highly-functioning.’

Judge Hippler also noted that he had never noticed any ‘odd’ or inappropriate behavior from Kohberger, such as that described by the defense, during his many times in the courtroom. 

Best friends Kaylee Goncalves and Madison Mogen (left) were found dead in the same bed in Mogen’s room on the third floor. Young couple Ethan Chapin and Xana Kernodle (right) were found dead in her room on the second floor

‘The Court has had the opportunity to observe Defendant through multiple hearings over the past several months, some lasting all day. 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,’ the judge wrote.

‘His demeanor has been entirely appropriate.’

If Kohberger does not take the stand to testify at his trial, then his diagnosis is also not relevant, the judge wrote – because jurors are already required to only weigh the evidence presented on the stand.

‘Introducing such evidence risks confusing the issues, misleading the jurors, wasting time and potentially unfairly prejudicing both Defendant and the State,’ he wrote.

Should Kohberger decide to testify, ‘evidence to explain his demeanor may become relevant,’ the judge wrote.

While banning the presentation of his autism diagnosis, the judge said he would reserve ruling on whether jurors can hear evidence of Kohberger’s OCD.

According to the defense, Kohberger has a tendency to wear gloves and dispose of shower curtains due to his OCD. 

It also causes sleep difficulties that have led to a habit of night driving, they allege.

Kohberger’s alibi for the night of the murders is that he was driving around alone looking at the moon and stars.

The defense also claims he has a physical condition – DCD – that would have made it impossible for him to kill four in the roughly 13-minute timeframe. 

Judge Hippler ruled that the DCD could not be presented at trial – in part due to the fact that Kohberger does not have a current diagnosis for the condition. 

In other orders issued Friday, Judge Hippler denied the defense’s request restricting testimony about surveillance footage of the white Hyundai Elantra seen around the crime scene at the time of the murders.

The defense did score a minor win, however, with the judge asking that witnesses avoid using the terms ‘touch DNA’, ‘contact DNA’ and ‘trace DNA’ in reference to the knife sheath left at the scene.

The judge is yet to rule on several other motions.

The defense did score a minor win, however, with the judge asking that witnesses avoid using the terms ‘touch DNA’, ‘contact DNA’ and ‘trace DNA’ in reference to the knife sheath left at the scene.

Kohberger is slated to go on trial in August. 

He faces the death penalty if convicted – an outcome that has been welcomed by some of the victims’ families. 

Bryan Kohberger is facing the possibility of the firing squad if convicted at his capital murder trial 

DNA was found on a Ka-Bar knife sheath (seen in a stock image) left behind at the scene 

Due to changes in state law, he could be executed by firing squad.

The horror murders – the first homicide in seven years for the small, tight-knit college town – plunged the community into fear and sent shockwaves across the country. 

Around six weeks later, on December 30, 2022, police swooped on Kohberger at his parents’ home in the Poconos region of Pennsylvania and charged him with the murders. 

Kohberger was tied to the murders through a Ka-Bar brown leather knife sheath, featuring a US Marine Corps seal, which was found next to Mogen’s body in her bedroom on the third floor of the home.

Touch DNA on the sheath was traced back to Kohberger using Investigative Genetic Genealogy (IGG), according to prosecutors. Following his arrest, it was found to be a statistical match.

While the murder weapon has never been found, Kohberger’s Amazon shopping history reveals he bought a Ka-Bar knife, sheath and sharpener from Amazon back in March 2022, according to a prosecution filing.

Following the murders, Kohberger searched to buy a replacement knife and sheath, prosecutors allege. 

As well as the DNA found on the knife sheath, prosecutors say Kohberger has been tied to the murders through his white Elantra which matches the car seen leaving the crime scene at the time of the murders.

Cellphone records also allegedly show that Kohberger may have stalked the King Road home at least a dozen times in the lead-up to the murders – and that he turned his phone off while committing the crime to try to cover his tracks.

A not guilty plea was entered on his behalf at his arraignment.

Kohberger is next due in court in April. 

He is next due in court in mid-may for a pre-trial hearing. 

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