But that's the interesting thing about it, is that he was not in a DP state. He willfully travelled INTO a DP state from a non-DP state to commit the crime - allegedly.
He was living and going to school in Washington, a state w/no DP. The murders were committed in Idaho, which has the DP.
I think most people would presume that if any crime were DP-eligible, this one certainly is. I think BK knew this and may have purposefully committed the crime in a state with the DP. He may have thought he could get away with it, but if by some chance he didn't, he'd expect to be sentenced to death. If he hadn't done this, I wouldn't be surprised if he had suicidal plans instead. He may have seen this as a way to get that accomplished. All MOO.