BOISE, Idaho (Scripps News Boise) — The judge overseeing the high-profile murder case against Bryan Kohberger laid out ground rules Thursday for how the trial will proceed, including jury selection, the use of evidence, and courtroom conduct. Judge Steven Hippler also addressed growing concerns over media exposure and said he is open to appointing a special prosecutor to investigate potential violations of the court’s longstanding non-dissemination order.
In a courtroom packed with legal teams, security, and observers, Hippler made his expectations clear.
FILE – Bryan Kohberger, right, is escorted into a courtroom for a hearing in Latah County District Court, Sept. 13, 2023, in Moscow, Idaho. Lawyers for Kohberger, the man accused of fatally stabbing four University of Idaho students, are urging a judge to move his murder trial away from the county, arguing the intense media coverage and public interest make it impossible for him to get a fair trial. (AP Photo/Ted S. Warren, Pool, File)
“I’m not a fan of surprises, as you may have figured out by now,” he said.
He instructed both parties to raise evidentiary issues ahead of time to avoid trial delays and protect jurors’ time.
MORE | Judge allows Bryan Kohberger’s family to attend murder trial
“Nothing frustrates jurors more than sitting around in the juror room doing nothing while we’re in here doing something,” Hippler said.
The judge confirmed the two surviving roommates, considered victims in the burglary charge, might testify during the trial. However, their testimony could be shielded from the court’s live stream after prosecutors raised concerns about potential media targeting.
“There is a potential interest to protect them. If the victim requests it, their face will not be shown,” Hippler said.
Hippler also addressed the terminology surrounding “touch DNA,” stating he would allow the phrase to be used but emphasized that it should not imply definitive contact.
“What I would likely do is to clarify with the jury… about that being simply a convenient title and not meaning to imply an actual source…or method of the DNA being present,” he said.
MORE | Judge denies additional motion to strike death penalty in Kohberger case
Much of the hearing focused on jury selection logistics. Twelve jurors and eight alternates will be seated — an increase from the judge’s original plan of six alternates. Hippler said the change came “after Friday,” referring to the same day a nationally televised special aired, citing sources close to the investigation and sharing evidence not previously made public.
The judge also acknowledged a closed-door session earlier that day to address potential breaches of the court’s non-dissemination order and said he is open to appointing a special prosecutor with subpoena power.
The court is scheduled to reconvene on June 18 for a hearing on the defense’s presentation of potential alternative perpetrators.
This story was originally written by Riley Shoemaker at Scripps News Boise, an E.W. Scripps Company.
