Bryan Kohberger attorneys want death penalty off the table

The defense team for Bryan Kohberger, accused of killing four University of Idaho students in 2022, want the death penalty off the table if he’s found guilty after trial.

Kohberger’s attorneys filed multiple motions Thursday asking the judge to strike Latah County prosecutors’ intent to seek the death penalty against him because of timing and vagueness, records filed Thursday say.

To sentence Kohberger to death, prosecutors must prove to a jury at least one “aggravating factor,” or factor that makes the crime more heinous in nature, existed during the time of the killings.

Latah County prosecutors listed five factors in their intent to seek death, including that Kohberger exhibited utter disregard for human life, he’s a continuing threat to society and one murder was committed at the time of another murder.

Kohberger’s defense argues in the documents that the aggravating factors are “unconstitutionally vague,” and Idaho doesn’t provide much guidance on a “lesser penalty” that doesn’t include death.

They also argue that Kohberger cannot get a speedy trial under Idaho law when it’s a death penalty case and still have effective counsel , even though Kohberger waived his right to a speedy trial in August 2023.

“Striking the death penalty will balance Mr. Kohberger’s right to effective assistance of counsel with his right to a speedy trial,” the documents say. Among the reasons for striking the death penalty is that his attorneys also believe there is so much evidence that must be presented during a death penalty trial, jurors will become fatigued and side with the prosecution .

Last week, Kohberger appeared in court for a hearing ovn whether he will get a fair trial if it is moved to Boise in June of 2025. No decision has been issued yet.