A judge in Idaho has denied prosecutors’ request to conduct personality testing on quadruple murder suspect Bryan Kohberger.
Kohberger is charged with first-degree murder in the deaths of University of Idaho students Kaylee Goncalves, 21, Xana Kernodle, 20, Madison Mogen, 21, and Ethan Chapin, 20. The former Washington State University student was also charged with one felony count of burglary.
In an order Wednesday, Judge Steven Hippler denied the state’s request to perform a personality test on Kohberger, citing time constraints.
Hippler wrote that “any new potential diagnoses or evidence uncovered through personality testing may elicit the need for further testing,” which would require more time to be spent.
IDAHO JUDGE SLAMS BRYAN KOHBERGER’S ‘HOLLOW’ ATTEMPT TO DODGE DEATH PENALTY IN LATEST BLOW TO DEFENSE
Bryan Kohberger enters the courtroom for his arraignment in Latah County District Court May 22, 2023, in Moscow, Idaho (Zach Wilkinson/Pool/Getty Images)
He also wrote that the use of a personality test has the potential to uncover “new mental health diagnoses” that haven’t been disclosed, which could cross a legal line since Kohberger only gave up privacy rights for conditions he has revealed.
Kohberger’s defense team won’t be permitted to bring up testimony about Kohberger having a “personality disorder.”
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Hippler also extended a deadline for rebuttal disclosure, which gives prosecutors more time for their expert to complete a behavioral health examination. Prosecutors are seeking to rebut defense experts who claimed Kohberger has autism, obsessive-compulsive disorder and attention deficit hyperactivity disorder.
The judge gave prosecutors until May 27 to complete the report but noted Kohberger’s defense team cannot be present during the mental health examination.
Timeline of Nov. 13, 2022:
4 a.m.: Suspect arrives at houseBetween 4 and 4:17: Time of murders4:19: Roommate calls 3 victims, no one answers4:22 to 4:24: Surviving roommates text each other from inside house4:27: Roommate calls victims again; no one answers4:32: Roommate texts Goncalves ‘Pls answer’10:23: Surviving roommate texts victims; no one answers11:39: Roommate calls her father12 p.m.: 911 call placed from roommate’s phone
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In a separate order, Hippler ruled that Kohberger’s immediate family members can remain in the courtroom for the duration of the trial, even though prosecutors plan on calling some of them as witnesses.
In April, Hippler denied two separate motions from Kohberger’s defense team to exclude the death penalty from being used in this case.
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Bryan Kohberger, accused of murder, arrives for a hearing on cameras in the courtroom in Latah County District Court Sept. 13, 2023, in Moscow, Idaho. (Ted S. Warren/Pool/Getty Images)
During an April 9 hearing, the defense team argued that the death penalty should be struck because discovery produced by prosecutors has been both voluminous and unorganized.
Hippler, in his response, wrote that Kohberger’s complaints about the amount of discovery produced “ring hollow.”
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Bryan Kohberger in Latah County court in Moscow, Idaho, Aug. 18, 2023. (August Frank/ Lewiston Tribune)
“[Kohberger] has been receiving discovery in the same manner for over two years,” Hippler wrote. “[Kohberger] has not sought additional resources … to hire additional staff to review discovery or obtain litigation document control software to help organize and sort the evidence. His lead counsel insisted that she be allowed to take on a second high-profile capital case despite the voluminous discovery in this case.”
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Fox News’ Dan Springer contributed to this report.
