Idaho judge denies Bryan Kohberger’s ‘hollow’ attempt to strike death penalty

An Idaho judge struck down another effort by Bryan Kohberger’s defense to remove the death penalty from the table if he is convicted in the 2022 slayings of four University of Idaho students.

Kohberger’s defense team tried to strike the death penalty in a recent hearing, arguing the discovery produced by the prosecution had been large in volume and unorganized, meaning they were unable to meaningfully review it. Judge Steven Hippler said the defence’s claims “ring hollow.”

“[Kohberger] has been receiving discovery in the same manner for over two years,” Hippler wrote. “[Kohberger] has not sought additional resources…to hire additional staff to review discovery or obtain litigation document control software to help organize and sort the evidence. His lead counsel insisted that she be allowed to take on a second high-profile capital case despite the voluminous discovery in this case.”

Hippler also pointed out that Kohberger's lead defense attorney, Anne Taylor, “indicated that her practice is to personally review all the discovery herself, rather than rely on associates and staff to review materials to cut through the less relevant information and point to what materials need review by lead counsel.”

Kohberger’s attorneys had filed a motion asking the judge to sanction prosecutors for failing to turn over evidence by removing the death penalty.

But Hippler denied the request Tuesday and said the sanctions are “not warranted” because there was no violation by prosecutors in the discovery process.

“In the cases cited by Defendant where the courts have struck the death penalty as sentencing option, the defendant had demonstrated that the prosecution either willfully or inadvertently (but with extreme resulting prejudice) violated discovery obligations. Here, however, Defendant has not established discovery violation,” Hippler wrote.

This is the 13th time the judge has ruled against the defense’s attempt to remove the death penalty, the Idaho Statesman reported.

Just last week, Hippler denied a separate effort by Kohberger’s defense, which cited Kohberger’s autism spectrum disorder diagnosis.

His team argued that executing someone with autism would constitute cruel and unusual punishment under the Eighth Amendment to the U.S. Constitution.

“Mr. Kohberger’s autism spectrum disorder (ASD) reduces his culpability, negates the retributive and deterrent purposes of capital punishment, and exposes him to the unacceptable risk that he will be wrongfully convicted and sentenced to death,” defense attorneys wrote in court papers.

Prosecutors argued that under U.S. Supreme Court precedent, the only mental disability that precludes imposition of the death penalty is an intellectual disability — and Kohberger’s diagnosis was of mild autism “without accompanying intellectual...impairment.”

The judge ruled that prosecutors can pursue the death penalty against Kohberger if he’s convicted despite the defendant’s recent autism diagnosis.

Prosecutors have long said they intend to seek the death penalty if Kohberger is convicted of the brutal slayings.

Kohberger, 30, is charged in the deaths of University of Idaho students Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin at an off-campus house in Moscow, Idaho, during the early morning hours of November 13, 2022.

The criminal justice graduate student, who studied at Washington State University at the time of the killings, was arrested in Pennsylvania weeks later.

Investigators said they matched his DNA to genetic material recovered from a knife sheath found at the crime scene.

Kohberger’s trial is expected to start with jury selection on July 30 and opening statements slated for August 11.