This story was originally published by Court TV.
A judge is weighing whether to order convicted quadruple murderer Bryan Kohberger to pay an additional $3,075 in restitution for funeral urns purchased by victims’ families, after prosecutors scaled back their original request during a hearing Wednesday.
Kohberger was not present for the proceeding in Ada County, where Judge Steven Hippler heard arguments about the state’s supplemental restitution request.
The hearing comes months after Kohberger pleaded guilty to murdering University of Idaho students Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin in November 2022, receiving four life sentences without parole plus 10 years for burglary.
Prosecutor Bill Thompson acknowledged a significant error in the state’s original position, admitting he was mistaken about crime victims’ compensation covering travel expenses for families attending court proceedings.
The state had initially sought $27,329.64 in additional restitution for travel and accommodation expenses, but Thompson withdrew that request during the hearing, focusing only on funeral-related costs for urns totaling $3,075.58.
“We are not affirmatively advocating for the travel expenses and lodgings for the family because we do not believe that we can legally advocate for those,” Thompson said.
Judge Hippler questioned how he could enforce restitution beyond the express terms of the plea agreement, noting that unilateral mistakes typically don’t relieve contractual obligations.
Defense attorney Elisa Massoth argued Kohberger lacks the ability to pay additional restitution, emphasizing his life sentence means he will remain incarcerated until death. She acknowledged the urns qualify as funeral expenses under the plea agreement, but maintained the court must still analyze his ability to pay under Idaho law.
However, Thompson pointed to records showing Kohberger received significant funds during his incarceration, arguing future income remains possible through family support, inheritance, or intercepted proceeds from any potential book or movie deals about the case.
Judge Hippler noted that Kohberger received five-figure amounts deposited into his prison account over the course of three years, suggesting that such contributions could continue.
The judge pressed the defense on the purpose of including restitution terms in the plea agreement, given that defendants could later argue against paying.
“What’s the point of the plea agreement on restitution if the defense is able to argue against the restitution called for in the plea agreement itself?” Hippler asked.
Massoth maintained that while they agreed urns constituted funeral expenses, Idaho law still requires an ability-to-pay analysis for any restitution order.
Kohberger previously agreed to pay $28,000 in restitution as part of his plea agreement. The defense had also raised timeliness objections since the urn receipts were not provided within the 60-day deadline specified in the agreement, though Massoth indicated this might not be a complete bar to consideration.
Judge Hippler took the matter under advisement and will issue a written decision.
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