Accused quadruple killer Bryan Kohberger‘s lawyers have argued it would be ‘inhumane and dehumanizing’ for him to be placed on death row.
Kohberger, 29, is accused of brutally murdering Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves in their off-campus house in November 2022.
He arrived in court on Thursday morning to learn whether he would face the death penalty if convicted. Kohberger appeared in plain clothes – a black suit, bright blue dress shirt and patterned tie -for the hearing on Thursday after making a request to the court that he forego prison attire.
He had successfully argued his trial – scheduled to begin with jury selection on July 30, 2025 – should be held outside of the small town of Moscow, Idaho, where the crimes were committed.
Now, the matter is being heard in Ada County in the state capital of Boise, where the defense hopes to get a more favorable jury.
Kohberger’s attorney Anne Taylor asked newly appointed Judge Steven Hippler to rule out any possibility that he could be sentenced to death if convicted of the murders.
Accused quadruple killer Bryan Kohberger has arrived in court to learn whether he could face the death penalty if convicted
Kohberger, 29, is accused of brutally murdering Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves in their off-campus house in November 2023
Kohberger, 29, is on trial for the November 2023 brutal slayings of Kaylee Goncalves, 21, Madison Mogen, 21, Xana Kernodle, 20, and Ethan Chapin, 20 (all victims pictured)
In court, a lawyer for Kohberger said it would be ‘dehumanizing’ to leave him on death row when ‘Idaho does not have a current, real means of executing anybody.’
Idaho last executed a death row inmate in 2012.
‘It is important for the court … to understand pain and suffering. I don’t believe our constitution allows to make him sit on death row.
‘The way Idaho is doing things now, it’s not really working. To say Idaho is going to figure out how to kill you some way in the future in a way that isn’t cruel… I don’t think the constitution allows that to happen.’
The defense is relying on a belief that Idaho’s preferred method of execution – lethal injection – is not readily available due to nationwide shortages, and after authorities were unable to find a vein to administer the injection to death row inmate Thomas Creech.
As it stands, Idaho can execute inmates via firing squad as a secondary means.
But Taylor said the ‘anxiety and fear’ of not knowing how he will die should be a factor in ruling out the death penalty in the Kohberger case.
‘When we’re talking about the recent history of what has happened in Idaho, there are problems. Real problems,’ Kohberger’s defense said. ‘It doesn’t work.
‘How is it right, fair… for somebody to have to sit there and just wait for Idaho to figure it out?’
But Judge Hippler appeared confused by the argument, noting that if Kohberger is convicted and sentenced to death, it will likely be years before he would be executed.
‘You’re saying take the death penalty off the table because the current methods in your view are either unavailable or unconstitutional, but the reality is if he’s conviced we know it’s going to be a decade plus before it’s carried out,’ Hippler said.
‘Who knows what methods are going to be then. Who knows what technologically is going to be available at that time?’
Kohberger’s defense attorneys had earlier argued that extensive media coverage and strong emotions in the university town of Moscow would make it difficult to find an impartial jury, as prosecutors seek the death penalty.
Prosecutors, though, argued they could find impartial jurors in Moscow by bringing in a large pool to choose from. They also said the move inconveniences the family members of victims, attorneys, and witnesses.
He appeared in plain clothes – a black suit, bright blue dress shirt and patterned tie -for the hearing on Thursday after making a request to the court that he forego prison attire
He appeared in plain clothes – a black suit, bright blue dress shirt and patterned tie -for the hearing on Thursday after making a request to the court that he forego prison attire
Kohberger (pictured in a September 2024 booking photo) has maintained his innocence since his arrest in December 2022
They have claimed that Kohberger’s DNA was found on a Ka-Bar knife sheath found at the victim’s off-campus home, though no murder weapon has ever been found.
Officials also said that cell phone data and surveillance put Kohberger’s car at the crime scene – though the defense has disputed those claims.
The case attracted widespread national and international attention at the time.
Recent court filings show his defense team have brought on renowned forensics expert Dr. Barbara C. Wolf to testify remotely at today’s hearing.
Wolf is currently the medical examiner of Florida‘s 5th and 24th districts, which include Citrus, Hernando, Lake, Marion, Seminole and Sumter counties. She has worked on several high-profile cases.
Notably, she worked on OJ Simpson’s defense team while he was on trial for the murders of Nicole Brown Simpson and Ronald Goldman in 1995.
Kohberger has maintained his innocence since his arrest in December 2022.
