Idaho judge denies Bryan Kohberger's ‘bushy eyebrows’ motion

In a series of orders announced Friday on motions from both sides in the murder case against Idaho student stabbings suspect Bryan Kohberger, the judge said there was no basis to grant a defense request that the lone eyewitness be blocked from mentioning the "bushy eyebrows" she saw on a masked intruder during the murders.

"D.M.'s testimony about ‘bushy eyebrows’ is highly relevant in this case," Judge Steven Hippler wrote in his order, using the witness's initials. "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."

Kohberger's defense has argued both that he does not have "bushy eyebrows" and that DM's memory of what she saw may have been influenced by being drunk at the time and a wall covered in artwork and photos showing portraits, faces and prominent eyebrows.

"Bushy eyebrows" seen during the Idaho home invasion

What they're saying:

"While she could not provide enough details for a composite sketch, it is unsurprising given her observation that the intruder was wearing a mask on his face," Hippler wrote. "Moreover, while this description might or might not implicate Defendant, it will not result in unfair prejudice."

Hippler agreed with prosecutors that the debate over whether Kohberger has "bushy eyebrows" should be decided by the jury. The state has also submitted a selfie Kohberger allegedly took hours after the murders as evidence.

DM is one of two surviving roommates. She came within three feet of a masked intruder moments after the murders, according to court documents that only refer to her by her initials.

After Kohberger's arrest, she told police she did not know him and had not seen him before. Prosecutors have alleged he was unknown to the victims before the crime and committed the murders using a large knife.

They also pointed to a 2020 college essay he wrote about handling a murder scene for a criminal justice class, arguing that he was well versed in crime scene procedures and the concept of transferring evidence and knew how to avoid it.

Dig deeper:

DM is the only known witness to have encountered the intruder and lived to tell her tale after she froze in shock, and he walked toward a back sliding door. Recently unsealed text messages show she tried in vain to reach her murdered friends minutes after the intruder left.

Hippler also denied a defense motion seeking to have prosecutors blocked from describing Kohberger's car as the "suspect vehicle."

A defense motion to block an expert from the Idaho State Crime Lab was denied in part and granted in part. The expert will be allowed to testify, but witnesses for both sides will be instructed not to use the terms "touch DNA," "contact DNA" and "trace DNA."

Hippler also partly granted the state's motion regarding evidence of Kohberger's autism and obsessive-compulsive disorder diagnoses.

Expert testimony about Kohberger's autism diagnosis would only be relevant if it was necessary to explain his mannerisms after taking the witness stand in his own defense, Hippler wrote.

"At that point, Defendant's demeanor — which goes to his credibility — is relevant evidence a jury can consider, which the State concedes," the judge wrote. "However, prior to presenting testimony on the matter, Defendant must raise the matter with the Court outside the presence of the jury to discuss the permissible scope."

Expert testimony about Kohberger's autism diagnosis would only be relevant if it was necessary to explain his mannerisms after taking the witness stand in his own defense, Hippler wrote.

"At that point, Defendant's demeanor — which goes to his credibility — is relevant evidence a jury can consider, which the State concedes," the judge wrote. "However, prior to presenting testimony on the matter, Defendant must raise the matter with the Court outside the presence of the jury to discuss the permissible scope."

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