Bryan Kohberger defense looks to Daybell ruling in Idaho in push against death penalty
Bryan Kohberger, who is accused of killing four University of Idaho students, listens during a hearing to overturn his grand jury indictment on Oct. 26, 2023, at the Latah County Courthouse in Moscow, Idaho. Kai Eiselein Pool
Bryan Kohberger’s defense team is employing a legal argument used successfully in another high-profile Idaho murder case in another attempt to take capital punishment off the table.
Kohberger is charged with four counts of first-degree murder, making him eligible for the death penalty if convicted, and one count of felony burglary. His attorneys filed a motion last week alleging the prosecution “shirked its responsibility” to disclose evidence on time and violated the court’s discovery deadlines. To remedy these alleged violations, the defense team requested the presiding judge remove the death penalty as an option for Kohberger.
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