Idaho judge slams Bryan Kohberger's ‘hollow’ attempt to dodge death penalty

Prosecutors can seek the death penalty against Bryan Kohberger

A judge ruled Thursday that prosecutors can pursue the death penalty against Bryan Kohberger if he is convicted of murdering four University of Idaho students in 2022, despite the defendant's recent autism diagnosis.

A judge in Idaho denied a motion from Bryan Kohberger's defense team asking to remove the death penalty as a potential punishment if he's found guilty.

Kohberger is charged with first-degree murder in the deaths of four students at the University of Idaho, including Kaylee Goncalves, 21; Xana Kernodle, 20; Madison Mogen, 21; and Ethan Chapin, 20. The former student at Washington State University was also charged with one felony count of burglary.

During a hearing on April 9, Kohberger's defense team presented the motion to strike the death penalty, arguing that discovery produced by prosecutors has been both voluminous and unorganized. Kohberger argued this meant he was unable to meaningfully review and investigate the evidence in preparation for trial, which is currently scheduled to begin in August.

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

Bryan Kohberger arrives for his arraignment hearing in Latah County District Court, May 22, 2023, in Moscow, Idaho. Kohberger is accused of killing four University of Idaho students in November 2022. (Zach Wilkinson/Pool via Getty Images)

"[Kohberger] has been receiving discovery in the same manner for over two years," Hippler wrote. "[Kohberger] 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 a second high-profile capital case despite the voluminous discovery in this case."

Hippler also wrote that Kohberger's lawyer, Anne Taylor, "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."

Bryan Kohberger, accused of murder, arrives for a hearing on cameras in the courtroom in Latah County District Court on September 13, 2023 in Moscow, Idaho. Kohberger, a former criminology PhD student, was indicted earlier this year in the November 2

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"These actions are not indicative of an overburdened defense team," Hippler wrote of the motion.

Addressing one of the arguments from Kohberger's defense team that prosecutors "larded its production with entirely irrelevant documents," Hippler said there's "no proof" of that occurring.

Timeline of Nov. 13, 2022:

• 4:00 AM: Suspect arrives at house
• Between 4:00–4:17: Time of murders
• 4:19: Roommate calls 3 victims, no one answers
• 4:22–4:24: 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

Ethan Chapin, 20, Xana Kernodle, 20, Madison Mogen, 21, and Kaylee Goncalves, 21, along with the women's two other roommates in Kaylee Goncalves' final Instagram post, shared the day before the slayings. (@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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