An Idaho judge has denied Bryan Kohberger’s request to bring in defense experts to offer testimony against the prosecution’s theories about his movements and Amazon shopping history.
“The information Defense seeks to convey can be presented by declarations,” Judge Steven Hippler wrote in an order Tuesday. “Counsel may have the witnesses available by video streaming during the hearing and, should the Court determine it is necessary to hear from the witness, the Court may allow such testimony by video live-stream.”
One expert is David Howell, who the defense planned to call as part of Kohberger’s bid to have his Amazon shopping records and “click activity” hidden from jurors.
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Defense attorney Elisa Massoth argued that no Amazon evidence, including “click activity” on the app, should be introduced at trial — in part because the term is vague and because prosecutors have allegedly failed to define it or describe the nature of expert testimony prosecutors want to introduce.
“The State’s refining of all the Amazon history and Amazon click activity is out of context, incomplete, and unfairly prejudicial, thus making it inadmissible,” she continued.
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Massoth also argued that Amazon’s AI-driven algorithm “shapes user behavior” by serving up products it predicts shoppers would be interested in alongside paid advertisements.
The suspected murder weapon has not been found, but authorities recovered a Ka-Bar knife sheath under one victim’s body that allegedly had Kohberger’s DNA knife sheath.
The Amazon records have not been made public, but could potentially show a Ka-Bar purchase: NBC’s “Dateline” reported in 2023 that Kohberger purchased a Ka-Bar knife over Amazon in 2022 before moving to Pullman, Washington, to attend Washington State University. The report has not been independently verified.
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The other expert Hippler’s order identified was Sy Ryan, which could be a reference to Sy Ray, an expert on geofencing and tracking movements through phone data.
Neither authorities nor Kohberger’s lead defense attorney, Anne Taylor, responded immediately to a request for clarification.
The defense planned to call Ray in response to FBI Agent Nicholas Ballance’s analysis and interpretation of phone tower and call records, which Kohberger’s team disputes as “severely flawed.”
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The defense has separately asked to have Ballance blocked as an expert witness.
Both witnesses were expected to testify at an April 9 motion hearing.
Kohberger is scheduled to go on trial on Aug. 11 in connection with the stabbing deaths of Madison Mogen, 21, Kaylee Goncalves, 21, Xana Kernodle, 20, and Ethan Chapin, 20. The four University of Idaho students were all killed in a 4 a.m. home invasion attack on Nov. 13, 2022.
Kohberger was studying for a Ph.D. in criminology at the neighboring Washington State University.
He faces four charges of first-degree murder, one of burglary, and could face the death penalty if convicted. A judge entered not-guilty pleas on Kohberger’s behalf at his arraignment in May 2023.
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