BOISE, Idaho – In a blow to the defense team, an Ada County judge ruled Thursday that suspected quadruple killer Bryan Kohberger can face the death penalty if convicted.
Kohberger is accused of killing Kaylee Goncalves, Xana Kernodle, Ethan Chapin and Madison Mogen while the four were students at University of Idaho.
Prosecutors are seeking the death penalty if Kohberger is convicted in his trial next summer in Boise.
The defense team tried to get the death penalty off the table, arguing primarily that the death penalty itself is unconstitutional.
In his 55-page ruling,Judge Steven Hippler shot down those arguments one by one, pointing out cases in which the death penalty withstood similar legal challenges.
Judge Hippler also shot down the notion that Kohberger had to give up his right to a speedy trial in exchange for having effective counsel.
The defense argued that the death penalty is falling out of favor nationwide, pointing to a decline in executions over the last 10 years. They pointed to the fact the federal government has put executions on hold.
Judge Hippler countered by saying that while five states no longer have a death penalty statute, at least 27 still do.
Finally, the defense argued that Idaho has no means to currently carry out an execution. They pointed to a botched execution earlier this year and the fact that while the state reinstated the firing squad as a method of execution, the state is not ready to carry out an execution that way.
Judge Hippler struck down those arguments as well.
Right now, there are nine inmates on death row in Idaho. That includes Thomas Creech, whose execution was botched earlier this year. Creech was scheduled to die earlier this month, but the execution is on hold pending proceedings in federal court.
Kohberger’s trial is scheduled to begin in August 2025, nearly three years after the murders.
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