If convicted and sentenced to death, Idaho student murder suspect could be subjected to lethal injection or firing squad
Idaho judge in Bryan Kohberger case slams defense for possibly 'inculpatory' questionnaires
Idaho Judge John Judge on Thursday condemned the defense in the Bryan Kohberger murder case for distributing questionnaires that could be 'inculpatory' to Latah County residents.
Bryan Kohberger's defense team is opposing the death penalty for the quadruple Idaho murder suspect on multiple grounds.
Kohberger, 29, is charged with four counts of murder and burglary after he allegedly killed Xana Kernodle, 20; Ethan Chapin, 20; Kaylee Goncalves, 21; and Madison Mogen, 21, on Nov. 13, 2022.
Among Kohberger's defense attorneys' arguments against the death penalty are their claims that "Idaho has no viable method for killing" in a capital punishment case, the state's method for obtaining a death penalty punishment is "unconstitutional," a capital murder case cannot be prepared in 10 months, and the death penalty violates the "prohibition against cruel and unusual punishment."
Executing Kohberger "by means of lethal injection or a gunshot as conceived of by the Idaho Department of Corrections (IDOC) would violate his right to be free from cruel and unusual punishment under the Eighth Amendment and his right to due process under the Fourteenth Amendment of the United States Constitution," his attorneys wrote.
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Bryan Kohberger appears in court in Moscow, Idaho, on Thursday, Oct. 26, 2023. Kohberger appeared in court in an attempt to overturn his grand jury indictment for the 2022 murders of four college students in their home. (Kai Eiselein/Pool)
They also argue that death by firing squad, which is the second legal execution method in Idaho after lethal injection, "is not and was never constitutional."
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In other documents filed Thursday, Kohberger's defense states that "punishment which does not comport with the evolving standards of a modern, civilized society is cruel and unusual."
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Bryan Christopher Kohberger arrives at Monroe County Courthouse in Stroudsburg, Pennsylvania, on Jan. 3, 2023, before waiving extradition to Idaho to face murder charges in the stabbing deaths of four university students. (The Image Direct for Fox News Digital)
"The vast majority of modern, civilized society has already abolished capital punishment because the execution of human beings by governments is recognized to be a violation of the dignity and spirit of human beings," his attorneys wrote. "The institutional killing of civilian prisoners affronts the modern, civilized world. The United States has been routinely condemned by the international community for continuing to execute its own people."
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Meanwhile, prosecutors have argued that the state is trying to enforce Idaho law that says "a jury is entitled to decide not only guilt but potential penalty."
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Investigators set up outside the home where four University of Idaho students were slain in November 2022 in Moscow, Idaho, Tuesday, Oct. 31, 2023. (Derek Shook for Fox News Digital)
"We are simply trying to fulfill our responsibilities under the law. To characterize it as the State is trying, is wanting, is trying to kill someone, is just simply appealing to raw emotion, and it has no place in this courtroom," prosecutors previously stated.
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The defendant — a 29-year-old former criminology Ph.D. student at Washington State University in nearby Pullman, Washington — is accused of stabbing the four University of Idaho students with a KA-BAR-style knife in their home near campus in the early morning hours of Nov. 13, 2022, a Sunday.
Madison Mogen, top left, smiles on the shoulders of her best friend, Kaylee Goncalves, as they pose with Ethan Chapin, Xana Kernodle, and two other housemates in Goncalves' final Instagram post, shared the day before the four students were stabbed to death. (@kayleegoncalves/Instagram)
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Kohberger was arrested in late December 2022 at his family's home in Pennsylvania.
His trial is scheduled to take place no later than the summer of 2025.
Audrey Conklin is a digital reporter for Fox News Digital and FOX Business. Email tips to
