Kaylee Goncalves, Ethan Chapin, Xana Kernodle and Maddie Mogen were murdered in their off campus home Nov. 13, 2022.
BOISE, Idaho – New efforts to remove the death penalty for Bryan Kohberger are underway, according to newly released court filings.
Kohberger, facing trial for the death of four University of Idaho students on Nov. 13, 2022, has his defense team arguing against the death penalty.
In the court filings, the defense claimed the state did not provide them with discovery, but the judge denied this request, stating they failed to prove their claim.
With the trial approaching and jury selection about 14 weeks away, the defense is making a last-minute attempt to remove the death penalty.
Kevin Curtis, a criminal attorney, described the graphic nature of the trial, stating, “there’s going to be crime scene photos and the impact – you just can’t understate it. They’re going to be horrific.”
Curtis added that it is not uncommon for jurors to request removal after seeing such photographs.
Curtis also noted doubt for Kohberger’s attorneys to have him testify, though forensic experts and law enforcement will certainly take the stand.
“You’re going to see of course both survivors of the house testify and the friends they contacted and who came to the scene,” he said.
The unsealed documents also provide new details about the night of the murders.
Survivors Dylan Mortensen and Bethany Funke met victims Kaylee and Maddie around 2:00 a.m.
Mortensen later heard strange noises and saw a man with a ski mask, prompting her to text Funke that she was “freaking out” and “scared.”
Mortensen went to Funke’s room and saw Xana lying on the floor, initially thinking she was drunk.
It wasn’t until 11:30 a.m. the next day that Mortensen texted the victims, receiving no response.
At 11:50 a.m., she called a friend to check the house, leading to the discovery of Xana and the subsequent 911 call.
Curtis believes the defense will focus on the intoxication of the victims and survivors to cast doubt on Kohberger’s identity as the perpetrator.
“I think what the defense is going to do, is use their belief as the intoxication of the victim and the survivors’ own intoxication to cast doubt on the identity of the defendant,” he said.
With partial witness identification, DNA evidence, phone records, and a knife purchase, Curtis described it as a challenging case for the defense.
“It’s a very difficult case for defense, as you’ve seen, they’ve tried as best they could to exclude the damning evidence. But I still think there’s a high percentage of a conviction,” he stated.
The trial timeline includes jury selection, opening arguments, testimony, closing arguments, and jury deliberation.
Curtis believes the deliberation could take up to two days.
If Kohberger is found guilty, the jury will then decide on a penalty.
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