Nov 07, 2024
This hearing is currently ongoing. This article is being updated in real-time. You can stream the proceedings live here.WATCH LIVE: Bryan Kohberger appears in courtBryan Kohberger and his attorneys arrived in an Ada County courtroom Thursday morning to argue motions related to the death penalty.Kohberger is currently set to start trial in Ada County on August 11, 2025. Hes charged with burglary and four counts of first-degree murder, accused of fatally stabbing University of Idaho students Madison Mogen, Kaylee Goncalves, Xana Kernodle, and Ethan Chapin in an of-campus home in November 2022.RELATED: Summer 2025 trial date set for Idaho student murder suspect Bryan Kohberger.Prosecutors first filed an intent to seek the death penalty in June 2023. Since then, Kohbergers attorneys have filed several motions in attempts to get the death penalty taken off the table. Its the center of discussions at Thursdays hearing.The defense hopes to call two experts to testify, but the state will first argue their motions opposing the testimony.The first closed portion of the hearing was to discuss whether Kohberger would be permitted to wear street clothing for future hearings. When the public portion of the hearing began at 9:10 a.m., the defendant was wearing a suit and tie in the courtroom.Judge Steven Hippler said the state did not object to the request, and therefore Kohberger will be permitted to appear in street clothing for future hearings.RELATED: Kohberger's defense files motion to strike the state's notice of intent to seek death penalty.As arguments got underway Thursday morning, the state started with objections to the testimony of the defense's expert witness, forensic pathologist Barbara Wolf, saying it was far too early in the court process to take this testimony.Hippler allowed the arguments, and Wolf did not testify.Defense attorney Ann Taylor then focused on the claims that Idaho is unable to properly execute death row inmates.Idaho does not have a current means of executing anybody, Taylor said. She continued arguing that keeping a person on death row without a way to carry out an execution is dehumanizing.Judge Steven Hippler cut Taylor off, saying Idaho does have legal means to seek execution, citing lethal injection and firing squad, indicating that the isolated incident regarding the failed execution attempt of Thomas Creech in February was an individual circumstance that would not apply in any other case.RELATED | Federal stay of execution granted for Creech after Idaho Supreme Court denies appealCreech's execution was called off after eight failed attempts to insert an IV line.Judge Hippler said that even if Kohberger is convicted, it would be 10+ years before an execution would be carried out, and "who knows" what methods would be in place at that time.Taylor argued the anxiety and "unknowing" of whether an execution would be carried out is cruel, unusual, and unconstitutional. Judge Hippler cited the state Supreme Court ruling just this week denying that same argument for Thomas Creech.RELATED: Motion for stay of Thomas Creech's execution denied by Idaho Supreme Court.The state argued the defenses arguments were too vague and should not be accepted. They havent even suggested what a proper alternative would be, and we dont even know decades from now what alternatives there would be.Hippler said the court would take those arguments into advisement and issue a decision later.The defense then pleaded with the judge to allow testimony from Professor Aliza Cover, whose research has examined capital punishment and constitutional law.I dont find that the testimony will be relevant or helpful for the court to decide this issue, Hippler ultimately said. "Opinions as to the law are generally not admissible by experts. The court is the determiner of questions of law and not someone else's opinion of what the law is .. therefore (Wolf's) opinions are not relevant or helpful, and therefore not admissible," Hippler said.The court then continued arguments for several motions filed by the defense to strike the death penalty.First, the defense argued on grounds of arbitrariness.Our definition is so broad that there is no narrowing there, the defense argued. Theres essentially no guidance.Kohberger was handcuffed and escorted out of the courtroom for a brief recess before discussions continued.This hearing is ongoing. This article is being updated in real-time.
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