Kohberger defense: Idaho’s ambiguous execution method makes capital punishment unconstitutional

BOISE, Idaho – Attorneys for the man accused of killing four University of Idaho students in 2022 want the possibility of the death penalty taken off the table, specifically citing what it believes is the ambiguous methods Idaho could use to execute him.

Bryan Kohberger is scheduled to stand trial next summer for the murders of Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin.

Prosecutors are seeking the death penalty if convicted.

Kohberger’s attorneys have made several motions about this, saying the death penalty is unconstitutional.

In the latest filing this week, attorneys cite the method of execution specifically.

Because of a law passed in recent years, Idaho can use a firing squad if it can’t carry out an execution by lethal injection.

In the motion, attorneys say “one condemned to die in Idaho has no real way to know how they will be killed at least until the death warrant is issued… As things stand, Idaho has no viable method for killing Kohberger.”

Attorneys say Idaho “does not have the ability to kill a man with an injection at this point in time and likely will not in the future.”

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