Lawyers for the man accused of killing four University of Idaho students tried to spare him from the death penalty if he is convicted by arguing he could be executed by an “inhumane” firing squad.
Bryan Kohberger, 29, a former Washington State University criminology student, could face the ultimate punishment in his trial for the 2022 slaughter of four students at their off-campus house in a crime that shocked the nation.
Kohberger’s defense argued Thursday that because there is a shortage of lethal injection drugs in the nation, Kohberger could have to face death by firing squad under Idaho law.
Defense lawyer Jay Logsdon claimed execution by lethal injection is “not viable” in the state right now, ABC 30 reports.
Logsdon ultimately claimed that the death penalty, as it currently stands in the state, would violate the US Constitution and Kohberger’s rights against cruel and unusual punishment.
Judge Steven Hippler said he would take the argument under advisement and rule at a later time.
Idaho has had a troubled history with the death penalty, with its last execution taking place in 2012 following a nationwide shortage on the drugs.
Last year, Gov. Brad Little signed a law allowing death by firing squad in the case of a drug shortage. However, the state has not yet executed anyone by shooting them.
In February, the state sought to execute convicted murder Thomas Creech, 74, but staff failed to establish an IV line, delaying his death.
Another execution attempt was scheduled for Nov. 17, but a judge ordered a temporary halt.
Along with seeking to throw out the death penalty, Logsdon also called on the court to implement a special phase should his client be found guilty, leaving a jury to decide whether he is eligible for capital punishment, a step the prosecution is against.
Latah County prosecutors argue that Kohberger’s alleged crime warrants the death penalty due to four outstanding factors in the case.
The lawyers said that given the multiple victims, the horrific way in which they were massacred, Kohberger’s alleged “disregard for human life,” and the threat that he would allegedly kill again, all warrant his death by the state, according to court filings.
Kohberger has pleaded not guilty to four counts of first-degree murder and burglary in the deaths of Madison Mogen, 21, Kaylee Goncalves, 21, and Xana Kernodle, 20, and Ethan Chapin, 20.
The trial, which was moved to Idaho’s capital of Boise, is set to begin next August in a highly anticipated case for which the motive has yet to be publicly revealed.
