Judge Denies Bryan Kohberger’s Motion To Remove Death Penalty From Consideration

Bryan Kohberger will still face the possibility of the death penalty if convicted of murdering four University of Idaho students, as an Idaho judge has denied his defense team’s latest attempt to remove the punishment from consideration.

Quick Takes

Judge Steven Hippler rejected Kohberger’s motion to strike the death penalty, calling the defense’s complaints about the discovery process “hollow.”
Kohberger, a former criminology PhD student, is charged with the November 2022 deaths of four University of Idaho students.
The defense claimed they were overwhelmed by 68 terabytes of evidence, but the judge found no discovery violations.
Kohberger’s previous attempt to avoid the death penalty based on an autism diagnosis was also denied.
The high-profile murder trial is scheduled to begin in August 2025.

Judge Rejects Defense’s “Hollow” Death Penalty Challenge

Former criminology PhD student Bryan Kohberger suffered another significant legal defeat last week when an Idaho judge denied his defense team’s latest motion to remove the death penalty as a possible punishment. Judge Steven Hippler dismissed claims that excessive and disorganized evidence prevented proper preparation, stating firmly that Kohberger’s complaints about the discovery process “ring hollow.” Kohberger, 29, faces four counts of first-degree murder and one count of felony burglary for the November 2022 stabbing deaths of Madison Mogen, Kaylee Goncalves, Xana Kernodle, and Ethan Chapin at an off-campus residence near the University of Idaho.

In his ruling, Judge Hippler noted that Kohberger “has been receiving discovery in the same manner for over two years” and found no evidence that prosecutors deliberately included irrelevant documents to overwhelm the defense. The judge specifically criticized lead defense attorney Anne Taylor’s approach to reviewing evidence, noting she “indicated that her practice is to personally review all the discovery herself, rather than rely on associates and staff to review materials to cut through the less relevant information and point to what materials need review by lead counsel.”

Idaho judge slams Bryan Kohberger's 'hollow' attempt to dodge death penalty in latest blow to defense https://t.co/dRemdVejnX

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Defense Claims Buried Under Evidence

Defense attorneys had argued they were overwhelmed by the volume of evidence, citing 68 terabytes of photographs and videos provided by prosecutors. They claimed this massive amount of discovery warranted severe sanctions, including striking the death penalty option and excluding certain witnesses. However, Judge Hippler determined these complaints did not demonstrate any actual discovery or due process violations that would justify such penalties. The ruling marks the second failed attempt by Kohberger’s team to remove capital punishment from consideration.

Judge Hippler further noted that Kohberger has a “robust defense team” and faces no time constraints in preparing his case, having previously waived his right to a speedy trial. A previous motion to remove the death penalty based on Kohberger’s autism diagnosis was similarly rejected by the court. With these rulings, prosecutors retain the option to pursue capital punishment if Kohberger is convicted after the trial begins in August 2025, nearly three years after the killings.

The Case Against Kohberger

Kohberger was a criminal justice graduate student at nearby Washington State University at the time of the murders, living just minutes away from the victims in neighboring Pullman, Washington. Following an extensive investigation that captivated the nation, he was arrested in Pennsylvania in December 2022 after investigators matched his DNA to genetic material recovered from the crime scene. A knife sheath found at the scene reportedly contained DNA that prosecutors say connects him to the brutal stabbings.

The case has drawn national attention due to its shocking nature – four college students killed in their beds – and the unusual background of the accused, who was studying criminology and criminal psychology at the doctoral level. Law enforcement sources have indicated that cell phone data, surveillance footage, and witness accounts of a white Hyundai Elantra matching Kohberger’s vehicle all form part of the prosecution’s case. Kohberger has maintained his innocence, with court filings suggesting his defense may involve an alibi claim.