Bryan Kohberger's legal team argues against the death penalty: 'Inhumane and unjust'

An Idaho student murder suspect may face the death penalty and could be executed by lethal injection or firing squad if convicted and sentenced.

Bryan Kohberger's legal team argues against the death penalty: 'Inhumane and unjust'
Bryan Kohberger's legal team argues against the death penalty: 'Inhumane and unjust'

The defense team of Bryan Kohberger is arguing against the death penalty for the quadruple murder suspect in Idaho on several grounds.

On November 13, 2022, Kohberger, 29, was charged with four counts of murder and burglary for allegedly killing Xana Kernodle, 20; Ethan Chapin, 20; Kaylee Goncalves, 21; and Madison Mogen, 21.

Kohberger's defense attorneys argue against the death penalty by stating that Idaho lacks a viable method for executing a capital punishment sentence, the state's death penalty method is unconstitutional, preparing for a capital murder case takes 10 months, and the death penalty violates the prohibition against cruel and unusual punishment.

According to his attorneys, 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."

Bryan Kohberger appears in court in Moscow, Idaho
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)

The argument is made that the use of firing squad as a legal execution method in Idaho, following lethal injection, is unconstitutional.

In other documents filed Thursday, Kohberger's defense argues that "punishment that does not align with the evolving standards of a modern, civilized society is cruel and unusual."

Bryan Christopher Kohberger arrives at Monroe County Courthouse
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 Planet Chronicle Digital)

"The majority of modern society has abolished capital punishment because the execution of human beings by governments is considered a violation of human dignity and spirit. The institutional killing of civilian prisoners is widely condemned by the modern, civilized world. The United States has been frequently criticized by the international community for continuing to execute its own people."

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The state is attempting to enforce Idaho law, which states that a jury has the right to determine not only guilt but also the potential penalty.

The home where four University of Idaho students were slain
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 Planet Chronicle Digital)

Prosecutors previously stated that characterizing their actions as the State trying to kill someone is an emotional appeal with no place in the courtroom. They are merely fulfilling their responsibilities under the law.

A 29-year-old former criminology Ph.D. student at Washington State University in Pullman, Washington, is accused of stabbing four University of Idaho students with a KA-BAR-style knife in their home near campus on Sunday, November 13, 2022, at around 3:20 a.m.

Idaho victims last photo
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)

In December 2022, Kohberger was apprehended at his family's residence in Pennsylvania.

The trial of him is scheduled to occur no later than the summer of 2025.

by Audrey Conklin

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