Bryan Kohberger is asking a Boise judge to exclude evidence of his Amazon purchase history and other activity on the shopping site from his upcoming trial in the deaths of four University of Idaho students.
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 Defense asserts that with the limited disclosures made by State, lack of raw data, lack of complete data, lack of disclosure of expert opinion, lack of explanation of ‘Amazon click activity’ or any analysis related there to, amounts to cherry picked limited data that does not show a full picture, compared to warrants that requested extensive data,” Massoth wrote.
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“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.
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.
“In 2022, Amazon’s AI-driven system did not passively reflect user searches but actively guided purchasing behavior based on predictive models,” the filing reads. “This means that a user’s browsing and purchase history may not necessarily reflect deliberate intent but could have been shaped by Amazon’s algorithm.”
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Read the motion
They also claimed that the 30-year-old’s Amazon account could have been shared with other “household members” – further muddying the shopping list. Kohberger has two sisters in addition to his mother and father.
Previously released court documents show police had tried to link Kohberger to the purchase of a Ka-Bar knife after finding a sheath for one under the body of victim Madison Mogen, 21. The sheath allegedly had DNA on its snap that ultimately led investigators to Kohberger.
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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.
An Amazon search Thursday showed similar knives are both popular and readily available on the site.
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Kohberger was pursuing a Ph.D. in criminology at WSU, just 10 miles down the road from the University of Idaho crime scene.
While search warrants show police recovered knives after Kohberger’s arrest, none have been publicly identified as a potential murder weapon.
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Mogen and three friends were all killed by multiple stab wounds.
The other victims were Kaylee Goncalves, 21, Xana Kernodle, 20, and Ethan Chapin, 20.
Kohberger’s trial is scheduled to begin on Aug. 11 in Boise. He could face the death penalty if convicted.
A judge entered not guilty pleas on his behalf at his arraignment in May 2023.
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