The man accused of killing four university of Idaho students nearly two years ago in an off campus residence was back in an Ada County courtroom Thursday.
The new judge in the case heard arguments over multiple motions aimed at removing the death penalty if Bryan Kohberger is found guilty.
Kohberger’s public defense team has attacked the death penalty from multiple angles, arguing it is arbitrary, unconstitutional, violates international law and that waiting on death row for years or decades wondering if you’d get lethal injection or firing squad if the state couldn’t get the right drugs was unfair. Lead public defender Anne Taylor also says the time needed to properly prepare for capital cases created a constitutional face-off.
“He has had to choose between his two constitutional rights, and those were effective assistance of counsel or speedy trial,” she said, painting the August 2023 waiver of speedy trial she and Kohberger both signed as having been the only option when faced with a continuance or going to trial then.
Idaho Deputy attorney general Jeff Nye argued defense was trying to make up for a tactical mistake.
“The real problem here I think that the defense is grasping with is that they didn’t need to waive his constitutional right, but they did,” he said. Nye was the prosecution’s main presenter Thursday, with Latah County Prosecutor Jeff Thompson not available to be in the courtroom.
Judge Steven Hippler, overseeing the first major hearing since the case was assigned to him, appeared at times skeptical of defense arguments. He also blocked testimony from hand-picked experts the defense wanted for arguments against the death penalty.
Hippler did rule Thursday that Kohberger would be allowed to wear civilian clothes during proceedings, but said he would issue written rulings on the multiple other motions at a later date.
Next Wednesday, Nov. 13, marks two years since the four University of Idaho students were murdered. Kohberger's trial has been scheduled to begin in August 2025.
