Anne Taylor, a defense attorney for 29-year-old Bryan Kohberger, told a judge the anxiety about the method of potential execution would be ‘cruel and unusual.’
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Bryan Kohberger's attorneys want death penalty removed in Idaho student murder case
Attorneys for the man charged with murdering four University of Idaho students in 2022 asked a judge Thursday to take the death penalty off the table as the case heads to trial.
Anne Taylor, a defense attorney for 29-year-old Bryan Kohberger, told a judge the anxiety about the method of potential execution would be ‘cruel and unusual.’
“There’s a constitutional issue with having someone sit on death row when there is no meaningful way for them to be executed,” Taylor said in court.
Idaho has two methods for execution – lethal injection and the firing squad. Taylor claimed the firing squad has never been found to be constitutional and
cited a recent execution by lethal injection that was called off in Idaho.
“I think to have him sit on death row and say, ‘Idaho is going figure out how to kill you at some point in the future in a way that isn’t cruel and unusual and in violation of your rights,’ I just don’t think the constitutional protections allow that to happen,” Taylor said.
“Deciding the method of execution is not deciding the sentence,” Nye said. “It may be lethal injection, it may be some other method. We don’t know enough now to spend time debating what we will know in the future.”
Judge Steven Hippler said he would consider the arguments presented by both sides and issue a written ruling after Thursday's hearing.
“The reality is if he is convicted, we know it’s going to be a decade-plus before that sentence is carried out,” Hippler said. “Who knows what the methods will be then.”
Bryan Kohberger is accused of the Nov. 13, 2022, killings of Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves.
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Bryan Kohberger's lawyers ask judge to ban death penalty in Idaho murders case; victim's mother says "he deserves to die"
Attorneys for a man charged in the
stabbing deaths of four University of Idaho students asked a judge to take the death penalty off the table Thursday, arguing that international, federal and state law all make it inappropriate for the case. But a victim's mother who attended the hearing said the suspect "deserves to die."
During a pre-trial motion hearing, Kohberger's defense team made a broad range of arguments against the death penalty, saying in part that it does not fit today's standards of decency, that it is cruel to make condemned inmates sit for decades on death row awaiting execution and that it violates an international treaty prohibiting the torture of prisoners.
But 4th District Judge Stephen Hippler questioned many of those claims, saying that the international treaty they referenced was focused on ensuring that prisoners are given due process so they are not convicted and executed without a fair trial.
Prosecutors noted that the Idaho Supreme Court has already considered many of those arguments in other capital cases and allowed the death penalty to stand.
Still, by bringing up the issues during the motion hearing, Kohberger's defense team took the first step toward preserving their legal arguments in the court record, potentially allowing them to raise them again on appeal.
The judge said he would issue a written ruling on the motions later.
Kristi and Steve Goncalves, the parents of Kaylee Goncalves, attended the hearing. Afterward they said the details of the case show the death penalty is merited.