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As Bryan Kohberger’s trial date approaches in the stabbing deaths of four University of Idaho students, new evidence and legal positioning continues to emerge and evolve as the parties pick up the pace of court filings.

The defense is asking the court to limit the use of the word “murder” at trial, as well as ban terms like psychopath, sociopath and even references to “bushy eyebrows.” They also don’t want the judge to allow too many crime scene photos to be shown in front of the jury because the grisly imagery could be “inflammatory.”

On the other hand, prosecutors have demanded the defense stop referring to the state’s intent to seek the death penalty if there is a conviction as “an attempt to kill” the defendant.

In what could become one of the more consequential motions, Kohberger’s defense asked the court to throw out the possibility of the death penalty on the grounds that prosecutors took too long handing over discovery disclosures.

Investigators discovered a Ka-Bar knife sheath under Mogen’s body, which they allege had DNA on the snap that led them to Kohberger. While search warrant returns show police confiscated knives as part of the investigation, it’s unclear whether any are believed to be the suspected murder weapon.

There are also hours of bodycam video from police who entered the home, as well as 3D models created by the FBI.

“Crime scene photos can and should come in to the extent that it’s not overly cumulative,” Rahmani said. “We’re talking about a gruesome quadruple murder and it’s key evidence in the case.”

Kohberger enters with grin

Bryan Kohberger enters the courtroom for a hearing, Aug. 18, 2023, at the Latah County Courthouse in Moscow. (August Frank/Pool via Reuters)

Repeatedly showing similar, grisly images could be unfairly prejudicial and violate Kohberger’s right to a fair trial, Taylor argued.

Latah County Judge John Judge, who was overseeing the case before he granted a change of venue, entered not guilty pleas on Kohberger’s behalf at his arraignment in May 2023.

The suspect faces four counts of first-degree murder and a felony burglary charge and could face execution by firing squad if convicted.

The new judge, Steven Hippler in Ada County, has scheduled motion hearings in April.

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