Motion hearing scheduled to challenge death penalty in Bryan Kohberger trial

MOSCOW — The man suspected of killing four University of Idaho students has a motion hearing this fall challenging the state's plan to seek the death penalty against him.

The motion hearing to challenge the death penalty against Bryan Kohberger is scheduled for Thursday, Nov. 7.

The state filed a notice with their intention to seek the death penalty against Kohberger in June 2023, "considering all evidence currently known to the State."

The state argued in June 2023 that the nature of the murders, Kohberher's "utter disregard for human life" and his "continuing threat to society" are some of the factors that influenced their decision.

According to documents, the prosecution believes there are currently five aggravating circumstances related to Idaho Code 19-2515(9), the statute regarding the death penalty:

• IC 19-2515(9)(b): At the time the murder was committed the defendant also committed another murder.
• IC 19-2515(9)(e): The murder was especially heinous, atrocious or cruel, manifesting exceptional depravity. 
• IC 19-2515(9)(f): By the murder, or circumstances surrounding its commission, the defendant exhibited utter disregard for human life. 
• IC 19-2515(9)(g): The murder was committed in the perpetration of, or attempt to perpetrate, arson, rape, robbery, burglary, kidnapping or mayhem and the defendant killed, intended a killing, or acted with reckless indifference to human life. 
• IC 19-2515(9)(i): The defendant, by his conduct, whether such conduct was before, during or after the commission of the murder at hand, has exhibited a propensity to commit murder which will probably constitute a continuing threat to society. 

"Considering all evidence currently known to the State, the State is compelled to file this notice of intent to seek the death penalty," documents say.

A trial date has been set for June 2025.

This story was first published by our news partners at KREM 2 News.