In the case of Bryan Kohberger, charged with the brutal murders of four University of Idaho students in 2022, his defense team is considering invoking a legal precedent set in another high-profile Idaho case to challenge the potential imposition of the death penalty.
They argue that the prosecution failed to meet deadlines for disclosing expert witness lists and other crucial discovery materials, which could violate Kohberger’s constitutional rights to a fair trial.
This is similar to the case of Lori Vallow Daybell, where the judge removed the death penalty as a sentencing option after prosecutors disclosed critical evidence too late, preventing her defense team from adequately preparing. Kohberger’s attorneys are asserting that the prosecution’s discovery filings, including expert witness briefs, were overly broad and insufficiently detailed. If the issues aren’t resolved, they intend to formally request that the death penalty be removed as a possible sentence.
Kohberger’s defense has previously attempted to argue against the death penalty on constitutional grounds, citing the evolving standards of decency and the arbitrary application of capital punishment, but these arguments were rejected by the judge.
Now, they are focusing on the procedural aspect of discovery, with the hope that the court will impose sanctions on the prosecution, similar to those in the Vallow Daybell case, which ultimately led to the removal of the death penalty as an option for her.
Legal experts suggest that while Kohberger’s case has some similarities to Vallow Daybell’s, there are key differences, notably that Kohberger waived his right to a speedy trial, which gives his defense more time to prepare.
The judge handling Kohberger’s case, however, still has several remedies at his disposal, such as giving more time to the defense or excluding late-disclosed evidence from trial, rather than removing the death penalty entirely.
For Kohberger’s defense, removing the death penalty seems to be their primary goal, and they may pursue additional motions to challenge the prosecution’s handling of discovery.
However, the victims’ families, particularly that of Kaylee Goncalves, are outspoken in their support for the death penalty if Kohberger is convicted, underscoring the emotional and high-stakes nature of the case.