Judge’s brief response to Bryan Kohberger’s attempt to avoid the firing squad in Idaho murders trial

A judge has strongly rejected Bryan Kohberger’s recent attempt to avoid the death penalty in the event of being found guilty of the brutal murder of four University of Idaho students.

Kohberger is set to stand trial in August on charges related to the killings of Xana Kernodle, Ethan Chapin, Kaylee Goncalves, and Madison Mogen, a crime that deeply shook the entire country.

These four students tragically lost their lives in a horrific stabbing incident that took place in the early hours of November 13, 2022, within a student residence off-campus in Moscow, Idaho.

The 30-year-old criminology PhD student, who was living just over the state border while studying at Washington State University, is facing the death penalty if convicted. 

With his high-profile trial looming, Kohberger’s defense has made a string of moves to try to get capital punishment taken off the table.

Now, in a new court order this week, Judge Steven Hippler struck down his latest attempt and blasted Kohberger’s complaints that the prosecution failed to hand over evidence in a timely and accessible manner as ‘hollow.’

‘Defendant’s complaints of being unable to meaningfully review the discovery ring hollow,’ the judge wrote. 

‘Defendant has been receiving discovery in the same manner for over two years.’

The damning ruling marks the latest blow to Kohberger’s defense strategy, coming after the judge last week denied a separate request to strike the death penalty due to his recent autism diagnosis. 

The defense claimed his demeanor would place him at a greater risk of being sentenced to death – arguing that every move Kohberger makes is scrutinized and claiming he has been presented in the media as ‘evil’ and ‘soulless.’

The state pushed back, arguing that the precedents previously set to strike the death penalty are for intellectual disabilities – which autism is not.

Judge Hippler ruled that Kohberger’s diagnosis can be used as a mitigating factor at his sentencing but does not mean the death penalty should be removed from the case.

This week’s ruling now marks the 13th time that the judge has dismissed Kohberger’s efforts to stop a jury from potentially sending him to death row.

In the defense’s latest move, Kohberger had accused the state of lengthy delays in handing over evidence in the case.

The legal team also argued that, when it had received the discovery, it found it to be ‘voluminous and unorganized’, leaving them unable to prepare properly for trial.

As a result, the defense claimed Kohberger’s rights had been violated and asked the judge to strike the death penalty and impose ‘organizational requirements’ on the state to help with the review of evidence. 

Prosecutors pushed back on the allegations, arguing the state had complied with all discovery obligations. 

The judge sided with the state and pointed out that Kohberger’s team has had more two years to prepare for trial, since his arrest back on December 30, 2022 – just six weeks on from the murders.

‘While Defendant is currently incarcerated, he has a robust defense team and has not faced time constraints given his speedy trial waiver, with this case well over two years old,’ the judge wrote.

‘Defendant has had nearly as much time as the State to review discovery… this is not a situation where the State has had the benefit of years-long investigation compared to defendant who has mere months to review the investigative material.’

Judge Hippler also appeared to scold the defense team, pointing out that lead attorney Anne Taylor has chosen to take on another capital murder trial while claiming her team does not have the capacity to effectively prepare for Kohberger’s.

In the more than two years since his arrest, Kohberger ‘has not once sought remedy from this Court to regulate discovery, such as requiring the State to provide discovery in a different format,’ the judge wrote.

‘He has not sought additional resources… to hire additional staff to review discovery or obtain litigation document control software to help organize and sort the evidence.

‘His lead counsel insisted that she be allowed to take on second high-profile capital case despite the voluminous discovery in this case.’

Taylor, he added, has ‘indicated that her practice is to personally review all the discovery herself.’

‘These actions are not indicative of an overburdened defense team,’ the judge wrote.

‘In fact, it is evident Defendant has been able to capably navigate the discovery given his more than robust motion practice, the scope and breadth of the experts retained and the disclosures filed.’

The family of Goncalves appeared to celebrate the judge’s ruling Wednesday, writing on their Facebook page: ‘Thank you, Judge Hippler!!! Without you, I feel like we would still be years away from trial.’

Goncalves’ father Steve Goncalves has previously made it clear the family welcomes the death penalty in the case – and the possibility of the use of firing squad. 

Firing squad became an alternative method of execution in Idaho last year, amid a shortage of lethal injection drugs.

But it is not the primary execution method and so no inmate has been put to death since it was introduced. 

Republican state lawmaker Bruce Skaug has since put forward a bill to change that and Steve Goncalves said earlier this year he is personally pushing to help get it over the line.

‘I’ll be that person to stand in front of the camera and drum up some support,’ he told NewsNation in February. 

He added: ‘There’s no reason to have capital punishment if this isn’t the case for it.’

The latest court order comes after the defense and prosecution went head-to-head on April 9 in a high-stakes hearing about the key evidence in the case. 

Both during the hearing and in the weeks since, the judge has made several rulings which have shaped what jurors will see and hear at the trial.

The orders have overall been blows to Kohberger’s case, ruling that jurors will hear that harrowing 911 call made by the victims surviving roommates and see their panicked texts after one of them saw the masked killer inside their home.

Dylan Mortensen and Bethany Funke were also inside the home at 1122 King Road at the time of the murders but escaped unscathed.

Mortensen saw a man in a mask and wearing all black walk past her bedroom door on the second floor at around 4am, court documents show.

Following a series of frantic messages and calls to Funke and the other roommates – none of whom responded – she ran down to the Funke’s bedroom on the first floor.

Kernodle and Chapin were dead in Kernodle’s room on the second floor, while Goncalves and Mogen were dead in Mogen’s bed on the third floor. 

Just before midday, the two survivors and their friends discovered the bloodbath and called 911. 

As the sole survivor who came face-to-face with the masked killer inside the home, Mortensen’s testimony is expected to be crucial at trial.

As well as the 911 call and text messages, the judge has also ruled against Kohberger in allowing Mortensen to describe the man inside her home using the term ‘bushy eyebrows.’

Prosecutors plan to show jurors a chilling selfie of Kohberger giving a thumbs up to the camera just six hours on from the murders as evidence of his eyebrows. 

In another ruling, the judge also ruled that jurors will be able to see Kohberger’s Amazon shopping history.

Prosecutors say his shopping history reveals he bought a Ka-Bar knife, sheath and sharpener from Amazon back in March 2022.

A Ka-Bar leather knife sheath was left behind by the killer next to Mogen’s lifeless body.

DNA found on the sheath came back a match to Kohberger. The murder weapon itself has never been found. 

Kohberger was arrested around six weeks on from the slayings at his family home in Albrightsville, Pennsylvania and charged with the four murders.

As well as the DNA evidence and eyewitness testimony, prosecutors say Kohberger’s white Hyundai Elantra also matches the car seen leaving the crime scene at the time of the murders and that his cellphone records indicate he may have stalked the King Road home at least a dozen times in the lead-up to the murders.

Kohberger is next due in court in mid-may for a pre-trial hearing.