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Despite Bryan Kohberger’s plea deal to avoid the death penalty in the Idaho student murders, a legal loophole could still put capital punishment on the table. Kohberger accepted a plea deal this week that would give him life in prison without parole, removing the possibility of the death penalty and forfeiting his right to appeal.
However, because Kohberger allegedly crossed state lines after the murders, federal authorities could file their own charges, according to legal expert Neama Rahmani. This legal maneuver, known as “dual sovereigns,” doesn’t violate double jeopardy laws, as the federal charges would be considered separate from the state charges.
The Justice Department has used this tactic before. In a similar case, Luigi Mangione, accused of murdering UnitedHealthcare CEO Brian Thompson, faced state charges with a maximum sentence of life in prison. Federal authorities later brought charges that could result in the death penalty due to Mangione crossing state lines.
Kohberger is accused of traveling from his Washington state home to Moscow, Idaho, where the murders took place. Like Mangione, Kohberger is also alleged to have stalked his victims. If federal prosecutors pursue charges, Kohberger could face additional charges of murder and interstate stalking, on top of the existing state charges of first-degree murder and burglary.