This heinous crime was premediated and carried out ruthlessly to the point it took several weeks to apprehend the killer. I don't believe BK will meet the definition of being criminally insane at the time of the crime.
Those who do meet the expert diagnosis can NOT be sentenced to death but I doubt BK meets the definition.
JMO
In Idaho, in a capital case, a defendant who is found guilty of murder 1 with aggravating circumstances is death-eligible but is also allowed to present mitigating circumstances at his/her sentencing trial. Mental health and other mitigating factors may be brought up at that time, and the defendant/defense does not have to prove mitigating circumstances beyond a reasonable doubt. So the defense will present evidence of various mitigating circumstances, but the defense does not have to convince the jury that the mitigating circumstances presented are such that they are "beyond a reasonable doubt."
In addition, I find it interesting that the sentencing jury does not have to agree unanimously on which of the mitigating circumstances that are presented actually exist, only THAT mitigating cirumstances exist.
Any finding by you that the mitigating circumstances do or do not make the imposition of the death penalty unjust must be unanimous, but you do not have to unanimously agree upon what mitigating circumstances exist. The existence of mitigating circumstances need not be proven beyond a reasonable doubt. You must each decide for yourself whether mitigating circumstances exist and, if so, then consider them in your individual weighing process.
Idaho Code - Jury Instructions on Captal Case
ICJI 1717 Mitigation
edited to clarify source
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