Bryan Kohberger's lawyers want to rule out the death penalty

September 6 – The defense team for Bryan Kohberger, who is accused of killing four University of Idaho students in 2022, wants to rule out the death penalty if he is found guilty after trial.

Documents filed Thursday show that Kohberger's attorneys filed several motions Thursday asking the judge to reject the Latah County prosecutor's plan to seek the death penalty against him because of the timing and ambiguity.

To sentence Kohberger to death, prosecutors must prove to the jury that at least one “aggravating circumstance” existed at the time of the murders, that is, a circumstance that makes the crime even more heinous.

Latah County prosecutors cited five reasons for their death sentence: Kohberger had shown a complete disregard for human life, was a persistent threat to society, and one murder was committed at the same time as another.

Kohberger's defense argues in the documents that the aggravating circumstances are “unconstitutionally vague” and that Idaho provides little guidance on a “lesser sentence” that does not include the death penalty.

They also argue that under Idaho law, Kohberger cannot receive a speedy trial in a death penalty case and still have competent counsel, even though Kohberger waived his right to a speedy trial in August 2023.

“Abolition of the death penalty will balance Mr. Kohberger's right to effective assistance of counsel with his right to a speedy trial,” the documents state. One of the reasons for abolishing the death penalty is that his lawyers also believe that so much evidence must be presented in a death penalty trial that the jury would become fatigued and would side with the prosecution.

Last week, Kohberger appeared in court for a hearing on whether he would receive a fair trial if the trial were moved to Boise in June 2025. A decision has not yet been made.