Idaho college killings to remain a death penalty case, judge rules

The trial against Bryan Kohberger is scheduled for August 2025.

ByJulia Reinstein, Sasha Pezenik, and Kayna Whitworth

Thursday, November 21, 2024

Prosecutors in the case against Bryan Kohberger are pushing back against his attorneys' claims that investigators improperly obtained key evidence.

The judge overseeing Bryan Kohberger's murder case has ruled the death penalty will remain on the table as the case moves forward, rejecting a request from Kohberger's defense attorneys.

In June 2023, prosecutors announced they intended to seek the death penalty against the onetime Ph.D. student accused of fatally stabbing four University of Idaho students -- Kaylee Goncalves, 21, Madison Mogen, 21, Xana Kernodle, 20, and Ethan Chapin, 20 -- in November 2022.

This September, lawyers for Kohberger made a sweeping play to get capital punishment tossed out, arguing -- in hundreds of pages of court filings -- that Kohberger's life should not be on the line because, among other things, the death penalty would violate his constitutional rights as well as contemporary standards of decency.

FILE - Bryan Kohberger, right, is escorted into a courtroom for a hearing in Latah County District Court, Sept. 13, 2023, in Moscow, Idaho.
(AP Photo/Ted S. Warren, Pool, File)

However, in a lengthy filing Wednesday, Judge Steven Hippler ruled against all twelve of Kohberger's motions challenging various aspects of Idaho's capital punishment scheme.

In his 55-page decision Judge Hippler "concludes relief in [Kohberger's] favor is not warranted on any of the motions."

Among other things, defense attorneys had argued that the death penalty is out of step with current social mores. However, the judge ruled "there is no basis to depart from settled law upholding Idaho's death penalty statute as constitutional," and it remains "consistent with contemporary standards of decency."

Kaylee Goncalves, Ethan Chapin, Xana Kernodle and Madison Mogen were killed in the attack.
Obtained by CNN via CNN Newsource

Defense attorneys also argued that capital punishment should be stricken in this case on the basis of execution methods - specifically, citing the shortage of lethal injection drugs, and arguing that firing squad executions which, last year, became legal in Idaho are "cruel and unusual." And, they argued, letting their client wait on death row without knowing "how he will be executed" is itself an "unconstitutional" form of torment.

But the judge again disagreed - siding with prosecutors that that argument "is not ripe" for discussion, because Kohberger hasn't been convicted yet. And, the judge continued, even if it were appropriate to address now, both the firing squad and lethal injection have been found constitutional and are allowed in the state.

The judge also ruled against each of the defense's attempts to strike the aggravating factors prosecutors had found, which made Kohberger eligible for the death penalty.

Kohberger was arrested following a six-week manhunt in December 2022.

A criminology student at nearby Washington State University at the time of the crime, Kohberger was charged with four counts of first-degree murder and one count of burglary.

A not guilty plea was entered on his behalf.

The trial is scheduled for August 2025.

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