Lawyers for quadruple murderer Bryan Kohberger have argued it would be “inhumane and dehumanizing” if he were placed on death row.
Kohberger, 29, is accused of brutally murdering Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves at their off-campus home in November 2022.
He arrived in court Thursday morning to hear whether he would receive the death penalty if convicted. Kohberger appeared Thursday in civilian clothes — a black suit, bright blue shirt and a patterned tie — for the hearing after petitioning the court to forego prison garb.
He had successfully argued that his trial – set to begin with jury selection on July 30, 2025 – would take place outside the small town of Moscow, Idaho, where the crimes were committed.
Now the case is being tried in Ada County in the state capital Boise, where the defense hopes to get a more favorable jury.
Kohberger’s attorney Anne Taylor asked newly appointed Judge Steven Hippler to rule out any possibility that he could be sentenced to death if convicted of the murders.
Accused quadruple murderer Bryan Kohberger has appeared in court to hear whether he could face the death penalty if convicted
Kohberger, 29, is accused of brutally murdering Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves at their off-campus home in November 2023
Kohberger, 29, is on trial for the brutal November 2023 murders of Kaylee Goncalves, 21, Madison Mogen, 21, Xana Kernodle, 20, and Ethan Chapin, 20 (all victims pictured)
In court, an attorney for Kohberger said it would be “dehumanizing” to leave him on death row when “Idaho does not have a current, real means of executing someone.”
Idaho last executed a death row inmate in 2012.
“It is important that the court understands pain and suffering. I don’t believe our Constitution allows him to be on death row.
“The way Idaho is doing things now isn’t really working. To say that Idaho is going to figure out how to kill you in the future in a way that isn’t cruel… I don’t think the Constitution allows that.”
The defense is relying on the belief that Idaho’s preferred method of execution – lethal injection – is not readily available because of nationwide shortages and after authorities were unable to find a vein to administer the injection to death row inmate Thomas Creech.
As it stands now, Idaho can execute prisoners via firing squad as a secondary means.
But Taylor said the “fear and anxiety” of not knowing how he will die should be a factor in ruling out the death penalty in the Kohberger case.
“When we talk about the recent history of what’s happened in Idaho, there are problems. Real problems,” said Kohberger’s defense. ‘It doesn’t work.
“How is it right, fair… that someone has to sit there and wait for Idaho to find out?”
But Judge Hippler seemed confused by the argument, noting that if Kohberger is convicted and sentenced to death, it will likely be years before he is executed.
“You say you need to take the death penalty off the table because in your opinion the current methods are either unavailable or unconstitutional, but the reality is that if he is convinced, we know it will be at least another decade before the punishment is implemented,” Hippler said.
‘Who knows what methods they will be. Who knows what will be technologically available at that time?’
Kohberger’s lawyers had previously argued that extensive media coverage and strong emotions in the university city of Moscow would make it difficult to find an impartial jury as prosecutors seek the death penalty.
However, prosecutors argued that they could find impartial jurors in Moscow by using a large pool to choose from. They also said the move will cause inconvenience to the victims’ relatives, lawyers and witnesses.
He appeared for Thursday’s hearing in civilian clothes — a black suit, bright blue shirt and patterned tie — after petitioning the court to forego prison garb.
He appeared for Thursday’s hearing in civilian clothes — a black suit, bright blue shirt and a patterned tie — after petitioning the court to forego prison garb.
Kohberger (pictured in a September 2024 booking photo) has maintained his innocence since his arrest in December 2022
They claim Kohberger’s DNA was found on a Ka-Bar knife sheath found at the victim’s off-campus home, although a murder weapon was never found.
Officials also said cellphone data and surveillance placed Kohberger’s car at the crime scene — although the defense has disputed those claims.
The case attracted a lot of national and international attention at the time.
Recent court filings reveal that his defense team has hired renowned forensic expert Dr. Barbara C. Wolf has been called in to testify remotely at today’s hearing.
Wolf is currently the medical examiner for Florida’s 5th and 24th Districts, which includes Citrus, Hernando, Lake, Marion, Seminole and Sumter counties. She has worked on several high-profile cases.
She most notably worked on OJ Simpson’s defense team while he was on trial for the 1995 murders of Nicole Brown Simpson and Ronald Goldman.
Kohberger has maintained his innocence since his arrest in December 2022.