Idaho Murder Suspect Adds ‘Death Qualified’ Lawyer to Team, Shedding Light on Potential Sentence

Idaho Murder Suspect Adds ‘Death Qualified’ Lawyer to Team, Shedding Light on Potential Sentence
Bryan Kohberger, who is accused of killing four University of Idaho students, leaves after an extradition hearing at the Monroe County Courthouse in Stroudsburg, Pa., on Jan. 3, 2023. (Matt Rourke, Pool/AP Photo)
Bryan Jung
3/8/2023
Updated:
3/8/2023
0:00

The murder suspect accused of killing multiple students in the brutal University of Idaho attacks may be facing the death penalty.

Legal experts say that the defendant, Bryan Kohberger, is likely to face capital punishment if convicted for the Idaho college murders, based on the latest filing by his attorney.

“Looks like #BryanKohberger is facing the #DeathPenalty in the #IdahoMurders,” legal analyst and attorney Philip Holloway said in a March 7 Twitter post sharing a photo of a filed motion.

“The public defender is asking for an additional ‘death qualified’ lawyer to be appointed to the defense team. The motion was granted.”

Kohberger asked the court via his public defender to appoint an additional “death qualified” co-counsel in the case.

The motion was filed by Koontenai County Public Defender Anne C. Taylor, acting on Kohberger’s behalf, on March 2, which “moves the Court to appoint an additional death qualified co-counsel in the above entitled matter.”

“This motion is made pursuant to the Fifth, Sixth, Eighth and Fourteenth Amendments to the Idaho and United States Constitutions, Rule 44.3 of the Idaho Criminal Rules, IDAPA 61.01.08 et seq., and the American Bar Association Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases,” the filing read.

Kohberger May Face Death Penalty for Multiple Homicides

Kohberger has been charged in the Nov. 13 murders of Kaylee Goncalves, Ethan Chapin, Xana Kernodle, and Madison Mogen, who were undergrads living off the campus in Moscow at the University of Idaho.

The 28-year-old defendant was arrested at his parents’ home on Dec. 30, after being surveilled for days, in Albrightsville, Pennsylvania, thousands of miles from the murder scene.

A native of Pennsylvania, he was enrolled as a grad student at Washington State University in nearby Pullman at the time, studying criminology.

Kohberger has yet to enter a plea to the murder charges but his former lawyer who represented him in Pennsylvania, Jason LaBar, told NewsNation’s Chris Cuomo that his former client was “eager to be exonerated,” after briefly speaking with him.

Little information about the investigation has been released by Idaho authorities, after Latah County Magistrate Judge Megan Marshall issued a widespread gag order at the beginning of January, which forbade attorneys, police, prosecutors, and others associated with the case from commenting on it.

Kohberger is expected to be charged with four counts of first-degree murder and one count of burglary after his preliminary hearing in June.

“Mr. Kohberger is eager to be exonerated of these charges and looks forward to resolving these matters as promptly as possible,” Taylor told Inside Edition Digital after her client’s arrest.
“Mr. Kohberger has been accused of very serious crimes, but the American justice system cloaks him in a veil of innocence. He should be presumed innocent until proven otherwise—not tried in the court of public opinion,” she said.

Authorities Finally Release Information

Meanwhile, a search warrant that was unsealed last week listed several items taken from the defendant following his arrest, including his car, medical gloves, a silver flashlight, marijuana, a pair of sneakers, and several items of clothing, reported Newsweek.

Police also took samples of Kohberger’s DNA to match any evidence found at the crime scene.

Additional court documents were later unsealed, listing items found at the suspect’s parents’ home, including a Smith & Wesson pocket knife, a Glock 22 handgun with three empty magazines, along with electronics, masks, and clothing.

The discussion of whether Kolberger would face the death penalty soon began after his arrest in Pennsylvania.

Local criminal defense attorney Jim Siebe told NBC’s NonStop Local on Jan. 2 that Kolberger’s potential execution was certainly an option being considered by Idaho prosecutors.

“I would certainly think [the death penalty] would be [requested],” Siebe said.

“Of course, I can’t speak for [Latah County prosecutor] Bill Thompson. He’s the one that makes the determination … based on consultation with law enforcement people, with the families [of the victims], [and] some determination as to the personal circumstances of a defendant, where maybe a defendant is subject to a severe mental illness,” he added.