Bryan Kohberger’s Defense Opposes Death Penalty, Citing Unconstitutional Methods

The Idaho Murders | The Case Against Bryan Kohberger

Bryan Kohberger’s defense team is actively opposing the death penalty for the 29-year-old, who is charged with the murders of four University of Idaho students in November 2022. Kohberger, a former criminology Ph.D. student, is accused of fatally stabbing Xana Kernodle, Ethan Chapin, Kaylee Goncalves, and Madison Mogen in their home near the university campus. In addition to four counts of first-degree murder, he faces burglary charges for the alleged crime.
Kohberger's defense attorneys have filed multiple objections to the death penalty, citing both legal and moral grounds. They argue that Idaho’s methods of execution — lethal injection and firing squad — violate Kohberger’s rights under the U.S. Constitution. Specifically, they claim that these methods breach the Eighth Amendment’s protection against cruel and unusual punishment and the Fourteenth Amendment’s guarantee of due process.
"Executing Kohberger by means of lethal injection or a gunshot as conceived of by the Idaho Department of Corrections would violate his right to be free from cruel and unusual punishment," his defense team wrote in a court filing.
The defense further argues that death by firing squad, which is Idaho's alternative execution method when lethal injection is unavailable, "is not and was never constitutional."
In addition to these arguments, Kohberger’s lawyers have claimed that capital punishment in general is a violation of "the dignity and spirit of human beings," citing evolving global standards. "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," the defense wrote. They also noted that the United States has faced condemnation from the international community for continuing to carry out executions.
Prosecutors, on the other hand, assert that they are simply adhering to Idaho law, which allows a jury to decide both guilt and the appropriate penalty, including the death sentence. "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.
The murders took place in the early hours of November 13, 2022, when the four victims were found stabbed to death with a KA-BAR-style knife at their off-campus residence in Moscow, Idaho. Kohberger, who was arrested in December 2022 at his family’s home in Pennsylvania, has maintained his innocence throughout the proceedings.
Kohberger's trial is scheduled to begin no later than the summer of 2025, giving both the defense and prosecution ample time to prepare for what is expected to be a lengthy and high-profile trial. With the death penalty on the table, Kohberger’s legal team is seeking to eliminate capital punishment as a possible outcome. In their filings, they argue that preparing for a capital case in such a short timeframe is unrealistic and unfair.
The case has garnered national attention, particularly given Kohberger’s academic background in criminology and the brutal nature of the crime. The outcome of this case will be closely watched, especially as the court navigates the debate over Idaho’s capital punishment procedures and the broader implications for death penalty cases across the country.
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