Info about Kohberger’s defense tactics revealed

In numerous objections filed by Bryan Kohberger’s attorneys, more alleged information is revealed about the suspect’s physical condition, text messages from the victims’ roommates and Kohberger’s argument about alternative perpetrators.

Kohberger faces four counts of first-degree murder and one count of burglary in the Nov. 13, 2022, stabbing deaths of Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin. He could face the death penalty if convicted.

Kohberger’s defense team addressed arguments and alleged evidence released in recent weeks by the prosecution. In doing so, it revealed further information about what each side will argue during Kohberger’s upcoming trial, which begins in August.

For example, the defense claims Kohberger will offer proof “related to many alternate perpetrators in this case.” Without going into detail, the court document filed by his attorneys claim “many alternate perpetrators can be connected to the crime.”

The Latah County Prosecutor’s Office had previously requested Ada County District Judge Steven Hippler prohibit this alternative perpetrator argument until Kohberger can prove that such evidence is relevant and admissible.

Kohberger’s defense team will also argue he is not physically capable of committing the crimes.

They say Kohberger’s developmental coordination disorder would make it impossible for him to kill four people in such a short timeframe. This disorder affects his fine motor dexterity and visual motor function, the court documents say.

“Such speed and coordination are not possible for him,” the document states.

He will also plan to argue with the prosecution over the injuries of the victims.

“Additionally, the State has disclosed a forensic pathologist who will testify regarding manner of death, injuries, and specific wounds on the deceased,” the court document states. “Mr. Kohberger has disclosed a forensic pathologist who has some differing opinions including injury and specific wounds on the deceased.”

They revealed information about his other medical conditions: autism spectrum disorder and obsessive compulsive disorder.

Kohberger’s attorneys say these conditions may lead others to misinterpret his behavior and “cast them in a more sinister light.”

“For example, he does not show emotion on his face, he has a flat affect, he sits very still and holds his hands in the same position, he has a piercing stare, he does not show expected reactions, facial expressions do not reflect what he is feeling, he is stiff in body posture, he has prosody in speech, uses repetitive phrases and large words, and has developmental dexterity problems,” the court document states.

The defense is asking Hippler to strike the death penalty on account of Kohberger’s autism spectrum disorder. However, the prosecution says only an intellectual disability, like “mental retardation,” can be used as an argument to strike the death penalty.

Kohberger’s team claims his OCD is the reason why he has a habit of driving at night and is careful about avoiding germs. They argue his OCD is the reason why he was wearing gloves on the night of his arrest at his parents’ Pennsylvania home, and why he was seen placing trash in baggies.

Law enforcement were concerned he was trying to get rid of evidence or hide DNA by cleaning his car the night of the arrest. Kohbeger’s attorneys say this is misleading.

“Mr. Kohberger frequently wears gloves to avoid germs on surfaces,” the court document states. “He was not cleaning his car on the night of his arrest, he was awake at night, as is typical for him, and he was cleaning his bathroom.”

More details about what happened between the time of the murders and when the victims’ surviving roommates called 911 at the King Road house where they lived were also released.

Latah County Prosecutor Bill Thompson recently released the transcript of text messages and phone calls from the victims’ roommates during and after the crime was committed Nov. 13, 2022.

However, Kohberger’s attorneys claim the prosecution only revealed part of the evidence. Records of their cellphone activity show that after they allegedly witnessed an unknown male in the house, the surviving roommates eventually ended up in the same room together without leaving the house.

“Neither of them called friends, family or law enforcement for help,” the court filing says.

The defense’s records show the roommates were awake for a long period between the time of the murders and when they eventually called 911 just before noon. The records show they were using Snapchat, Instagram, Tik Tok and texting other people during that time.

The court documents say the prosecution will argue Kohberger’s phone stopped reporting to the network during the time of the crime, which suggests he may have turned it off while he was allegedly committing the murders.

Kohberger’s attorneys, however, say that the phone was reporting to the network for an additional seven minutes. They say this will partially corroborate Kohberger’s alibi that he was driving during the early morning hours of Nov. 13, 2022, but not near the crime scene.

The prosecution stated in court documents that surveillance footage from King Road shows the suspect’s vehicle in the crime scene area at the time of the murders.

The entirety of the court documents released Wednesday can be found at coi.isc.idaho.gov.

Kuipers can be reached at akuipers@dnews.com.