Brian Coberger's defense team is asking the judge to oversee the quadruple murder trial and prevent him from testifying about an intruder who saw “bushed eyebrows” on the night his three housemates and another friend were killed in the 4am massacre.
First, the defense argues that allowing a witness identified as a “DM” in a court application is unfair, ambiguous and unjust prejudice before the jury. In the move, lawyer Elisa Massos also denied that defendant Coberger had bushy brows.
She also seeks an order that prohibits evidence related to “bushy brows” in addition to preventing DMs from using phrases. In separate applications, the defense asks the court to restrict the use of the terms murder, psychopath and sociopath.
The surviving housemate was the only known witness to live to tell the story after encountering an intruder and frozen in shock, and he walked towards the sliding door behind him.
Bryan Kohberger doesn't want an Amazon shopping list revealed in court
Brian Coberger was portrayed after he moved to the ADA County Jail in Boise, Idaho. (ADA County Sheriff's Office)
The allegations came into existence after Judge Stephen Hippler told defense and prosecutors they were protecting too many court applications from public opinion and filing them sealed without proper justification.
Massoth writes that the DM was unable to explain the masked intruder to the sketch artist and he didn't know what coloured brows the intruder had. The text shows that at least the published ExcePrts, they discussed the intruder's mask covering their mouths and foreheads. They have not mentioned his eyebrows.
“The identification of eyewitnesses is inherently unreliable,” said Edwina Elcox, a Boise-based attorney who previously represented Lori Vallow. “This in particular – not vague.”
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Madison Morgen on the top left smiled on the shoulder of her best friend Kaylee Goncalves and shared four students before being stabbed and killed as they posed alongside Ethan Chapin, Zana Calnordle and two other housemates in Goncalves' final Instagram post. (@kayleegoncalves/instagram)
But what stands out in this case is the court declaration revelation that the DM had a wall of photographs and artwork, some of which portray herself, with detailed faces and prominent eyebrows.
Last month, the defense attorney attempted to attack the authenticity of her housemates, claiming that in three interviews with investigators she had changed her story, claiming that she was drinking, feeling tired, and that her memories were blurry.
“When someone is very uncertain about why someone has this distinctive impression of their brows, it's all over the room, so there's a strong explanation,” Elcox told Fox News Digital. “What they're drawing is artwork.”
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The defense argued that the artwork could have influenced her memory.
“There is no reliability of the physical properties reported by the DM,” writes Massoth. “Kohberger doesn't have bushy eyebrows, but what catches the eye with his artwork and brows on the DM wall can be described as bushy, complete or well-known.”
Hippler previously said that the witness statement could be “feed” for cross-examination at trial, but it had no connection to the discovery of possible causes that could be used to justify Coberger's arrest.
Elcox says he expects an explosive cross-examination on the issue.
Brian Christopher Coberger appeared on the Washington State University website. He was studying there for his Ph.D. In criminology at the time of murder 10 miles away at the University of Idaho. (Washington State University)
“People often accused defense attorneys of hoping something stuck on a wall that would pose a questionable identity,” she said. “But it's some real meat and potatoes, and how to question the reliability of what has been observed. I can't imagine more specific facts.”
The new filing also reveals that DMs have “clear dreams of being lured and chasing.” She was a real crime television and podcast consumer.
“I think the judge will allow that on the ground that the DM is subject to cross-examination and the reliability of the identification is the weight of the ju-cited explanation rather than tolerance for it.” “But… this identification can absolutely be destroyed in cross-examination.”
Judge Hippler previously said that DM's testimony appears to help establish a timeline for murder rather than identifying the attacker.
According to the possible affidavit, the DM overheard people who said “someone is here” after 4am.
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Brian Coberger will be in court for a hearing at Rata County Courthouse in Moscow, Idaho on June 27, 2023. (Frank/Pool in August via Reuters)
The security cameras next door picked up “distorted audio” that the investigator believes were “voiced or crying and noisy sounds.” In addition to the dog barking at 4:17am
According to the affidavit, the DM looks out of her bedroom door and walks towards her, saying, “I saw a mask that covered a person's mouth and nose.” She explained to the police that he was over 10 inches tall, athletic, not muscular, but bushy brows.
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Brian Coberger arrived at Monroe County Courthouse in Pennsylvania after police arrested him at his parents' home in Albrightville, the Quadraple murder in Moscow, Idaho. (Fox News Digital Image Direct)
They came face to face and after he passed within three feet of her she froze in shock, according to a new submission.
Minutes later, she called three victims, Madison Morgen, 21, Kaylee Goncalves, 21, Zana Kahnodor, 20. No one answered. She then reached out to her other surviving roommate, “Bf.”
It was believed that the DM locked her bedroom door and fell asleep after this encounter, but the new filing revealed that after a brief text exchange with her roommate, she urged her to “run” downstairs.
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According to other court filings released this week, the DM spent the night in BF's room and at about noon the following day he spent an unknown person called 911 from BF's phone.
At 10:23am, DM texted both Mogen and Goncalves. “pls answer,” she wrote. “RU Up?” She then called her father around 11:40am, and finally someone called 911 from BF's phone around noon.
Timeline for November 13th, 2022:
- 4am: Suspect arrives at home
- 4am to 4:17am: Murder Time
- 4:19: Roommate calls the three victims. No one answers
- 4:22-4:24: Surviving roommates text each other from inside the house
- 4:27: Roommate calls the victim again, no one answers
- 4:32: Roommate's text goncalves 'pls ness'
- 10:23: Victims of the surviving roommate text, no one answers
- 11:39: Roommate calls his father
- 12pm: 911 phone set up from my roommate's phone
Court documents revealed last month that the DM said that the intruder could have carried a vacuum-like object. She did not recognize him at the time of the attack, nor did she recognize unmasked photos of Coberger after her arrest.
Kohberger, 30, is accused of killing four of six people in his home on King Road, Moscow, Idaho, around 4am on November 13, 2022. The fourth victim was 20-year-old Ethan Chapin.
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Brian Coberger of Lata County Courthouse for his first appearance in Idaho courtroom on January 5, 2023. (Pool)
Police arrested Coberger on December 30th of that year at his parents' home in Pennsylvania.
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He faces first-degree murder and felony robbery charges against each victim. The judge entered an innocent plea on behalf of all charges.
The trial is scheduled to begin on August 11th. He could face the death penalty if convicted.
