Idaho judge slams Bryan Kohberger's 'hollow' attempt to dodge death penalty in latest blow to defense
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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 the University of Washington 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.”

  • 4:00 AM: Suspect arrives at house
  • Between 4 and 4:17: Time of murders
  • 4:19: Roommate calls 3 victims, no one answers
  • 4:22 to 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
idaho students final photo

Madison Mogen, top left, smiles on the shoulders of her best friend, Kaylee Goncalves, as they pose with Ethan Chapin, Xana Kernodle, and two other housemates in Goncalves’ final Instagram post, shared the day before the four students were stabbed to death. (@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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