​In Case Number CR01-24-31665, defendant Bryan C. Kohberger has filed a reply to the State's response concerning his Motion in Limine #7, which seeks to exclude testimony related to a witness's identification of the intruder based on "bushy eyebrows." The defense argues that such testimony is highly subjective and could lead to wrongful convictions, emphasizing that mistaken identifications have historically been a leading cause of such outcomes in the United States. They contend that allowing the witness, referred to as D.M., to describe the intruder's "bushy eyebrows" would be tantamount to an in-court identification of Kohberger, which they believe is inappropriate given the circumstances.

Furthermore, the defense highlights that D.M. has a personal interest in drawing eyes and eyebrows, suggesting that her focus on this feature may not be a reliable basis for identification. They also point out that D.M. was interviewed multiple times by law enforcement, and her descriptions evolved over these interviews, raising concerns about the consistency and reliability of her testimony. The defense asserts that admitting such subjective identification could unfairly prejudice the jury and undermine Kohberger's right to a fair trial.


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