Idaho judge slams Bryan Kohberger's 'hollow' attempt to dodge death penalty in latest blow to defense

The defense team of Bryan Kohberger in Idaho had a plea denied by a judge, which requested the removal of the death penalty as a possible punishment if he is convicted.

Kohberger faces first-degree murder charges in relation to the deaths of four students at the University of Idaho: Kaylee Goncalves, 21; Xana Kernodle, 20; Madison Mogen, 21; and Ethan Chapin, 20. In addition, the former University of Washington student was charged with one count of burglary.

At a hearing held on April 9, the defense team of Kohberger presented a motion to eliminate the death penalty, contending that the evidence provided by the prosecutors was extensive and disorganized. Kohberger claimed that this hindered his ability to thoroughly scrutinize and explore the evidence in anticipation of the impending trial scheduled for August.

Judge Steven Hippler wrote in his order on Tuesday that Kohberger’s complaints about the amount of discovery produced “ring hollow.”

  • 4:00 AM: Suspect arrives at house
  • Between 4 and 4:17: Time of murders
  • 4:19: Roommate calls 3 victims, no one answers
  • 4:22 to 4:24: Surviving roommates text each other from inside house
  • 4:27: Roommate calls victims again, no one answers
  • 4:32: Roommate texts Goncalves ‘Pls answer’
  • 10:23: Surviving roommate texts victims, no one answers
  • 11:39: Roommate calls her father
  • 12:00 PM.: 911 call placed from roommate’s phone
idaho students final photo

Madison Mogen, top left, smiles on the shoulders of her best friend, Kaylee Goncalves, as they pose with Ethan Chapin, Xana Kernodle, and two other housemates in Goncalves’ final Instagram post, shared the day before the four students were stabbed to death. (@kayleegoncalves/Instagram)

Hippler’s decision comes less than a week after he denied a different motion to remove the death penalty. Kohberger’s defense team previously argued that the defendant’s autism diagnosis should preclude him from the death penalty.

Fox News’ Alexandra Koch and Michael Ruiz contributed to this report.

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