MOSCOW, Idaho – The two roommates who survived the attack on four University of Idaho students were not asleep between 4 a.m. and when they called 911 just before noon the day of the murders, according to new court documents filed by the defense.
Previous court documents showed that prosecutors believe Bryan Kohberger murdered Kaylee Goncalves, Xana Kernodle, Ethan Chapin and Madison Mogen just after 4 a.m. on November 13, 2022.
The next key piece of evidence in the case was the surviving roommates calling 911 just before noon the same day, saying Kernodle was passed out and wouldn’t wake up.
New documents filed by the defense team this week show that the two roommates were on their phones between 7:30 a.m. and when they called 911.
The defense document shows what has previously been released: that one of the roommates saw a man in their home just after 4 a.m. and texted the other about what she saw. Phone records show they called Chapin, Mogen and Kernodle’s phones, but got no answer.
The two young women then texted each other, with one of them describing the man she saw and that he was wearing a mask.
The women then ended up in the same bedroom, when they again called the roommates and got no answer.
The calls, texts and social media activity stop at 4:37 a.m..
The next activity is at 7:30 a.m. when one of the roommates, described in the court document as BF, calls her dad. She called him at 7:30 and 8:00, then called another number and her mom at 8:00 and 8:01 a.m.
BF’s dad calls her at 8:09.
Between 8:09 and 11:56, phone records show the roommates calling, texting and on social media. The record does not show the text of what was said and if anyone answered those phone calls.
It also doesn’t detail what was happening on social media when they accessed Instagram, Yik Yak and Snapchat.
The activity leads up to 11:56 when BF calls 911.
What does it mean to the case
The defense says the prosecution selectively chose which text messages to have admitted as evidence, pointing to the “excited utterances” made about the man seen in the home.
The defense says it doesn’t paint a complete picture of what the roommates said and did after seeing him.
“BF and DM texted each other a handful of times and then they were in the same bedroom,” the defense writes. “They were together with the ability to talk to each other. They were not asleep for 8 hours.”
“The State claims DM woke up and realized her roommates had not responded to her earlier texts. The State is wrong. DM was awake. She was messaging on Snapchat, she was on Instagram and she text with her dad: and this is not an exhaustive list of activity on her phone. She was with BF who was also communicating with her parents and then later friends,” the defense writes.
In the motion that contains this argument, the defense says Kohberger urges the court to view the complete picture when deciding if the initial text messages should be admitted as evidence.
You can read the full motion and see the phone activity here
Defense wants to ban memorial t-shirts in courtroom
Also filed this week, the defense wants the court to outline proper attire in the courtroom.
Specifically, the defense says one of Goncalves’ family members was wearing a shirt in court related to an Idaho decision about using the firing squad as a form of execution.
“The t-shirt read “’Justice for K [sic] Idaho House Bill 186 Shots Fired.’ This must not be allowed in any future courtroom proceedings,” the defense wrote.
Kohberger is also asking that the judge permit his family in the courtroom throughout the proceedings.
Kohberger defense says he has multiple psychological disorders
The defense also filed a motion, asking for the right to present testimony related to Kohberger’s psychological conditions.
Previous filings mentioned Autism Spectrum Disorder. A new motion says Kohberger also suffers from Obsessive Compulsive Disorder and Developmental Coordination Disorder.
They say because the jury will be studying and analyzing his physical presence, he should have the right to present testimony about these disorders.
Idaho does not allow for an insanity defense, so the prosecution has argued against this.
However, the defense says it would be presented not to show that he doesn’t know right from wrong, but because they will be assessing his behavior in court.
The defense says Kohberger’s Autism Spectrum Disorder makes it so that he doesn’t show much emotion on his face and that he “has a piercing stare [and] stiff body posture” among other things.
The defense blames his OCD for sleep difficulties and a habit of night driving. Kohberger’s defense team says he couldn’t have killed the four people that night because he was out stargazing and taking a long drive.
Kohberger’s OCD also manifests itself in compulsive hand washing and wearing gloves to avoid germs. When police arrested Kohberger, they said he was wearing latex gloves and putting trash in small baggies.
The defense also says his developmental coordination disorder would make it impossible to carry out four murders and get back to his car in the time frame the prosecution suggests.
You can read the whole court filing about his disorders at this link
The court filings are being made as both sides prepare for trial later this summer in Boise.
A judge in scheduled to hear arguments on some of these motions on April 9th and 16th.
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