Judge rules Bryan Kohberger can face the death penalty if convicted

MOSCOW — Judge Steven Hippler ruled Wednesday afternoon that Bryan Kohberger, the man accused of killing four University of Idaho students, can face the death penalty if convicted.

Kohberger’s defense team looked to remove the death penalty as a possibility should he be convicted.

Defense attorneys argued that forcing inmates to wait on death row as well as the methods used for executions were cruel and unusual punishment.

"Capital cases are a really big deal," defense attorney Anne Taylor told Hippler when asking him to weigh a slew of motions her team has filed to get possible capital punishment tossed. “When somebody sits on death row and there’s no real means of executing them, that is dehumanizing to that person," Taylor said.

Kohberger's defense team also argued that millions of taxpayer dollars are being spent on the case because of the state seeking the death penalty.

The prosecution has said it intends to seek the death penalty if Kohberger is convicted.

Under Idaho law, a jury must unanimously impose a death sentence and can only do so after finding at least one aggravating factor exists. Prosecutors are arguing four aggravating circumstances in the quadruple murder case: multiple murders happened at once, the murders were "especially heinous, atrocious or cruel," the "defendant exhibited utter disregard for human life," and he presents a "propensity to commit murder which will probably constitute a continuing threat to society."

The 29-year-old defendant is accused of killing four University of Idaho students, Madison Mogen, Ethan Chapin, Xana Kernodle and Kaylee Goncalves, in November 2022.

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This story was originally published by our news partners at KREM2 News.