4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #96

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  • #721
We're live.
 
  • #722
@BrianEntin

Bryan Kohberger hearing is starting now in Boise, Idaho.Defense expected to argue to have the death penalty taken off the table.

Judge in Bryan Kohberger case will continue to allow him to appear in civilian clothes -- suit and tie.Says it will not be a security issue.
 
  • #723
@BrianEntin

Bryan Kohberger defense is arguing the death penalty should be taken off the table because "there is no means of execution" right now.Judge is clarifying the protocol is lethal injection and firing squad as a second option.


11:21 AM · Nov 7, 2024
 
  • #724
@BrianEntin

Kohberger defense says the firing squad death option was brought about because of the shortage of lethal injection drugs.They claim there are problems with the firing squad -- and funding to get it built.She is trying to argue Kohberger will just sit on death row if convicted.


11:25 AM · Nov 7, 2024
 
  • #725
@BrianEntin

Kohberger defense is arguing the "anxiety and fear" of sitting on death row not knowing how you will be killed is unconstitutional.


11:31 AM · Nov 7, 2024
 
  • #726
AT says Idaho doesn't have a means of execution. Firing squad only came on because of an inability to acquire the chemicals for execution.

Judge is sharp. Interrupts her flow. Says he believes Idaho is working toward a central line administered chemical.

Judge asks her, if she challenges the means execution, what is her alternate means of execution.

She says she's not there yet, to have one. Because she's busy preparing for trial...

Judge doesn't think he needs to address this motion because no one knows what methods of execution will be avaliable years down the road.

AT is trying to argue that it's not fair for BK to sit on death row for years not knowing what means of execution Idaho will eventually employ.

Judge asks AT if she's saying the anxiety of the unknown is the constitutional violation. Recent ruling says anxiety is not sufficient.
 
  • #727
@MelissaKXLY4

Settling into work watching/logging death penalty arguments in the Bryan Kohberger case. He's accused of killing four University of Idaho students in 2022; his attorneys want the death penalty off the table.

Much of the arguments so far mention the current death penalty case involving Thomas Creech (execution botched in Feb, execution scheduled for next week and now put on hold by a federal judge.)
 
  • #728
  • #729
State says this discussion is premature.

Arguing over methods of execution is premature.

The sentence would be death. How it's brought about is an unknown, far into the future.

Calls out the argument. DP doesn't go off the table, you only propose a different method of execution.
 
  • #730
Judge took it under advisement.
 
  • #731
Never minding how any one of us might feel about the death penalty, is this the right time/venue for challenging it?

In States that have eliminated it, how did that come to be?

If she's successful, this will become the new case law, right? BK v. The State, overturning the DP?

Just feels like a hard veer for me, to have a trial within a trial over whether the DP is [all the things she claims] when, IMO, the DP is legal in the State in which the crime occurred at the time it occurred.

Is this how it's done or is she sidetracking the trial?

JMO
The Court set the scheduling order

MOTIONS:

A. Any motions challenging the death penalty shall be filed on or before September 5, 2024. Any responses shall be filed on or before October 10, 2024. Any replies are due by October 24, 2024. A hearing on the motions shall be held on November 7, 2024, at 10:00 a.m.

 
  • #732
  • #733
  • #734
@BrianEntin

Kohberger judge says he will take the defense's argument about the death penalty under advisement and issue a ruling later.If convicted -- defense said it is "dehumanization" for Kohberger to sit on death row not knowing how he would be killed.


11:40 AM · Nov 7, 2024
 
  • #735
@MelissaKXLY4

Quick observation. VERY different styles between Judge Hippler in Ada County and Judge Judge in Latah County. Not a comment on good/bad, just an observation. Hippler is jumping into each of these arguments as they're being made.


11:49 AM · Nov 7, 2024
 
  • #736
@MelissaKXLY4

Quick observation. VERY different styles between Judge Hippler in Ada County and Judge Judge in Latah County. Not a comment on good/bad, just an observation. Hippler is jumping into each of these arguments as they're being made.


11:49 AM · Nov 7, 2024
Yes, he's [Judge Hippler] engaging. I like that! moo
 
  • #737
defense said it is "dehumanization" for Kohberger to sit on death row not knowing how he would be killed.
I’m not watching this, but sounds like his defense realizes that there is a high probability he will be found guilty to argue this one comment alone.
 
  • #738
"My schedule is already shot to he11," according to the judge. :oops:
 
  • #739
Distilling her argument, I think AT asked for the DP to be taken off the table because no one knows what methods of execution will be utilized a decade or decades down the road.

I don't see that imaginary toothpick sailing.

JMO
 
  • #740
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