The fellow of surviving room of Four students from the Idaho University killed You can testify that the intruder he witnessed entered his house outside the campus in a ski mask had “bupy eyebrows.” According to a failure published on Friday.
The judge of Boise, Steven Hipler, gave the green light to the testimony of the eyebrow after a tense accusation between prosecutors and defense, who have been fighting why evidence will be allowed to convert the August trial of the suspect of murder Bryan Kherberger.
Kherberger, 30, is accused of fatally stabbing Kaylee Goncalves, 21, Xana Kernodle, 20, Madison Mag, 21, and Ethan Chapin, 20, on November 13, 2022, inside the house outside the campus in Moscow, Idaho.
One of the few tests of direct eyewitnesses comes from one of the roommates, indicated in judicial documents such as “DM”
In five separate interviews and before a large jury, DM constantly described the intruder as having thick “bushy eyebrows”, according to Kherberger’s defense, Kherberger’s defense could unfairly influence a jury, the ruling said.
The defense said that DM could have been drinking the night of the brutal murder and was probably exhausted, which raised doubts about how reliable his testimony could be.
They also argued that the detail could unfairly influence the jury because Kherberger is known for his prominent eyebrows.
However, Hipler argued that DM’s testimony would be “very relevant”, because he is the only person who witnesses the intruder, denying the affirmation of the defense that the testimony could result in an unfair prejudice.
“There is nothing confusing in his testimony; his descriptions of the” dense eyebrows “have been consistent and clear,” Hipler wrote in the ruling.
“The DM description of the intruder that has Bush Bush’s eyebrows will not be a reasonable jury to find the culprit accused simply because he can have similar eye eyebrows.”
Last week, Hippler put on the side of Kherberger’s defensesaying that prosecutors cannot be allowed to use the accused murderer Bryan Kherberger’s autism Argue to a jury that is worth the death penalty in the case of quadruple homicide of the University of Idaho.
The defense also asked the judge to prevent the jury from listening to “inflammatory” terms about Kohberger as “murderer”, “sociopath” and “psychopath”.
Prosecutors assured the judge that the rules of the Court would follow and would only use such terms closing arguments, the only part of the trial that would be allowed.
As for the horrible photos of the victims of murder and the crime scene that the defense said that it should be maintained to a minimum, the judge said that it would govern them case by case.
“Do not be mistaken, these murders, who made them, were … horrible. And I hope the evidence reflects that,” said Hipler.
He declared himself innocent of first degree murder and theft in the murders of the four students.
Kherberger, 30, was in the process of obtaining his pH.D. In Criminology of the Washington State University, a school that is only 10 miles where the murders occurred.
