BOISE, Idaho – As the state moves closer to putting accused quadruple killer Bryan Kohberger on trial for the murder of four University of Idaho students, the judge in the case again denied the defense team’s request to take the death penalty off the table.
Kohberger is accused of killing Madison Mogen, Ethan Chapin, Xana Kernodle and Kaylee Goncalves in an off-campus home in November 2022.
He’s set to go to trial in August.
The defense team has argued several different motions, asking Judge Steven Hippler to remove the death penalty as a penalty in the case.
In a new ruling handed down Tuesday, Hippler denied a separate defense motion to remove the death penalty as a way of sanctioning the prosecution.
The defense team had argued that the prosecution’s discovery disclosures in the case has been “voluminous and disorganized” and that it violated his right to due process.
The state argued that it was simply not the case.
68 terabytes of evidence
Kohberger’s team said the defense handed over more than 68 terabytes of data, including more than 13,000 photographs, 15,000 video clips from businesses and 8,000 video clips from residences.
Evidence also includes more than 60 digital devices, digital data and search warrant return data.
The defense says the evidence was not handed over in a searchable format.
That makes it hard, the defense contends, to locate material that could favor Kohberger or work in his defense.
Attorneys wanted Judge Hippler to sanction the prosecution for that by striking the death penalty and excluding witnesses.
The state contends most of the data in the case is “completely irrelevant.”
“Further, the state’s experts who reviewed the various devices (including cell phones) and other digital data have disclosed opinions that they found no connection between Defendant and the victims from the devices and data,” Judge Hippler wrote.
‘Sanctions are not warranted’
In his denial of the defense motion, Judge Hippler said the defense has not proven that exculpatory evidence has been excluded or that any disclosure rules were violated.
Judge Hippler says that while prosecutors are required to identify exculpatory evidence, there’s no law that requires the state to itemize the material for the defense.
Hippler said Kohberger’s complaints of being unable to review the material “ring hollow” because his team has been receiving the materials for more than two years.
He even took issue with lead defense attorney Anne Taylor’s contention that her team is overburdened.
“His lead counsel insisted she be allowed to take on a second high-profile capital case despite the voluminous discovery in this case,” Hippler wrote.
Taylor is also defending Skyler Meade, who faces the death penalty if convicted of escaping an Idaho prison, then killing an 83-year old man in Orofino.
Judge Hippler denied the request to take the death penalty off the table and the request to put organizational requirements on the state.
Both parties are due back in court for a pre-trial conference in mid-May.
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