Judge holds up death penalty in Kohberger case

Bryan Kohberger is still eligible for the death penalty if convicted, according to an order from Ada County District Judge Steven Hippler.

In his written order signed Tuesday, Hippler denied all of Kohberger’s motions to strike down the death penalty in a case where the suspect faces four counts of murder and one count of burglary for the Nov.13, 2022, deaths of four University of Idaho students.

Kohberger’s attorneys made 12 different motions to strike down the death penalty based on a variety of arguments.

During a Nov. 7 court hearing in Ada County, they questioned Idaho’s ability to carry out lethal injection based on the recent failure to execute convicted Idaho murderer Thomas Creech. Kohberger’s team also argued that the factors a jury has to consider when deciding on the death penalty are too broad and vague.

They even argued the death penalty should be abolished in Idaho because it violates contemporary standards of decency, and that it violates international law.

Hippler disagreed with the defense on all these motions in a 55-page written order. Hippler pushed back against their claims that the death penalty violates Kohberger’s constitutional rights.

At one point, Hippler noted that Kohberger’s team failed the legal requirement of identifying an alternate method of execution.

Hippler stated that if Kohberger is convicted and the death penalty is imposed, it would likely be at least a decade before he is executed.

Kohberger’s trial is scheduled to begin Aug. 11, 2025, and run until Nov. 7, 2025.

Hippler’s order was not the only recent setback for Kohberger. Last week, Hippler denied Kohberger’s request to extend the deadline for filing motions regarding any unresolved issues related to the discovery in this case.

Last week, Kohberger’s team filed motions to suppress key evidence in the case including the suspect’s genetic information, the search of his vehicle, his online data, his cellphone data and all evidence gathered at his parents’ home in Pennsylvania. They argued the police search warrants leading to his arrest were unconstitutional.

The Latah County Prosecutor’s Office has until Dec. 6 to respond to the defendant’s motions. A hearing on the matter will be held Jan. 23 at the Ada County Courthouse.

Kuipers can be reached at akuipers@dnews.com.