Whether the man accused of murdering four University of Idaho students can be punished with the death penalty if convicted will be the focus of a planned hearing Thursday, less than a week before the campus community will mark two years since the killings.

A judge in Boise, where the trial is set to begin in early August, will consider arguments from Latah County prosecutors and Bryan Kohberger’s defense team over the merits of capital punishment and whether the suspect poses a future danger to others.

Prosecutors have said in court filings that four aggravating factors exist in the case against Kohberger, who turns 30 later this month, making the crime more severe and the death penalty warranted. They are that there are multiple victims; the murders were “especially heinous, atrocious, or cruel”; the suspect exhibited “utter disregard for human life”; and he has “a propensity to commit murder which will probably constitute a continuing threat to society,” according to the filing.

But defense lawyer Jay Logsdon, a public defender who is qualified to co-lead a death penalty case, asked the judge to strike the state’s death penalty request, in part, because he said executing Kohberger by lethal injection would violate his right to be free from cruel and unusual punishment.

The defense has also suggested allowing for a special phase if Kohberger is found guilty that would require the jury to determine if he is then eligible for capital punishment, an extra step that prosecutors want denied.

In another filing last month, Logsdon countered the state’s claim that a “future dangerousness” aggravator exists in Kohberger’s case.

“Aggravators are intended for deciding which First Degree Murderers merit the death penalty. Future Dangerousness does not do that — it focuses on the person, not the act,” the defense wrote.

The death penalty in Idaho, while it remains on the books, had lapsed as its last execution was in 2012; the state, like many others, has had trouble procuring lethal injection drugs. In 2023, Republican Gov. Brad Little signed a law permitting execution by firing squad as an alternative method.

Idaho has since acquired the necessary drugs. In February, it planned to put inmate Thomas Creech, who was convicted of five murders in three states, to death after he had been behind bars for nearly half a century. But the state abandoned the execution after prison staff failed to establish an IV line, exposing the difficulties with administering the death penalty.

Another execution attempt of Creech, 74, has been scheduled for Nov. 13 — coincidentally the same day as when the four University of Idaho students were fatally stabbed in 2022 in an off-campus apartment house.

Kohberger was arrested more than a month after the four students — housemates Madison Mogen, 21, Kaylee Goncalves, 21, and Xana Kernodle, 20, and Kernodle’s boyfriend, Ethan Chapin, 20 — were killed. Kohberger was a resident of nearby Pullman, Washington, and then a doctoral student at Washington State University.

A not guilty plea on four counts of first-degree murder and burglary was entered on his behalf in May 2023. Authorities have not publicly confirmed a motive, and a gag order has prevented many involved from speaking.

The prosecution says it expects at trial to present DNA evidence, details about cellphone use and security videos to connect Kohberger to the crime.

Kohberger’s defense has suggested that he often went on late-night drives and that cellphone tower data would show that he had been doing so miles away when the four students were killed.

Next summer’s trial was moved to Idaho’s capital of Boise from Latah County after the defense successfully argued there would be a strong possibility for bias among potential jurors and the local community does not have the resources for such highly anticipated proceedings.

PROVO, Utah – BYU women’s basketball opened the 2024-25 season with a win over Idaho on Wednesday night in the Marriott Center.

The Cougars held off Idaho to secure a 67-62 victory.

#BYU women’s basketball opens the 2024-25 season with a 67-62 win over Idaho.

Freshman Delaney Gibb led BYU in scoring with 17 points.#BYUWBB pic.twitter.com/rpXhZaKtzQ

— Mitch Harper (@Mitch_Harper) November 7, 2024

Advertisement

BYU had a 16-point halftime lead but saw it trimmed to one point in the fourth quarter.

BYU women’s basketball defeats Idaho 67-62

Freshman Delaney Gibb led BYU with a team-high 17 points in her college basketball debut. Idaho’s Hope Hassmann scored a game-high 23 points.

Along with scoring production, Gibb dished out five assists. She scored eight of her 17 points from the free-throw line, knocking down 80% of her attempts from the charity stripe.

Gibb pointed to her defense as a highlight from her debut. The Raymond, Alberta, Canada native had two blocks and one steal.

“I think what helped me out was my defense,” Gibb said. “When Amari was off, I had to pick up ball and that always gives me a lot of energy. That worked well, and then also attacking into the paint hard and drawing fouls. It’s always nice to get to the free throw line and knock down some free shots.”

Former Utah/Cal transfer Kemery Congdon was a steadying force for BYU, scoring 12 points.

Santa Clara transfer Marya Hudgins had eight points and nine rebounds to give BYU the season-opening victory.

First Quarter

BYU opened the season on a 9-0 run. Former Utah and Cal transfer Kemery Congdon scored the season’s first points on a reverse layup, then Santa Clara transfer Marya Hudgins buried the first of her two threes in the first quarter.

A total of six BYU players scored in the first period, led by senior center Emma Calvert, who scored eight points.

BYU 24, Idaho 15

Second Quarter

BYU freshman Delaney Gibb scored nine points in the second quarter, giving her a team-high total of 11 points at the half. Gibb is a heralded freshman from Canada who played in her first BYU game.

Both teams’ offense struggled to close the first half, combining for 0-of-17 to end the second quarter.

Half: BYU 42, Idaho 26

Third Quarter

The Vandals showed fight in the third quarter, outscoring BYU 19-13. BYU only shot 20% from three and committed five turnovers.

BYU 55, Idaho 45

BYU women’s basketball held off Idaho in the Fourth Quarter

Idaho cut BYU’s lead down to eight and had three possessions where they missed three-point attempts. BYU guard Marya Hudgins then knocked down a jumper with 7:50 remaining to get the lead back to double digits.

The Vandals then reeled off a 6-0 run to make it a 57-53 BYU lead.

At the 4:24 mark, BYU was 1-of-8 from the field.

BYU was up 57-55 with Idaho and the Vandals had a fastbreak layup opportunity to tie the game, but Gibb blocked the layup by Hope Hassmann.

The Cougars didn’t capitalize on the offensive end resulting in another empty possession.

Idaho’s Rosie Schweizer hit a layup under the hoop to tie the game at 57.

Gibb then went on the attack and quickly put BYU back in front with a layup of her own. But the Vandals had another answer: Anja Bukvic hit a tough shot to tie it up.

One minute later, with 1:13 remaining, Heather Hamson put BYU in front.

Idaho then burned a 30-second timeout. Out of the break, they committed a turnover, which allowed BYU to set up a play for sharpshooter Kemery Congdon, who buried a three to give BYU a five-point lead.

On the Vandals’ next possession, Hassmann knocked down a three of her own, keeping Idaho within one possession.

BYU then burned a timeout with 20 seconds left. The Vandals fouled Amari Whiting, sending her to the line, where she made only one of her two attempts.

With 17.3 seconds remaining, Idaho committed a turnover out of a timeout, and then they fouled Gibb down 65-62. Gibb knocked down both free throws.

BYU came away with the five-point victory.

Next up for BYU women’s basketball

BYU hosts Wyoming on Saturday at 2 p.m. at the Marriott Center.

Mitch Harper is a BYU Insider for KSLsports.com and hosts the Cougar Tracks Podcast (SUBSCRIBE) and Cougar Sports Saturday (12–3 p.m.) on KSL Newsradio. Follow Mitch’s coverage of BYU in the Big 12 Conference on X: @Mitch_Harper.

Take us with you wherever you go.

Download the new and improved KSL Sports app from Utah’s sports leader. It allows you to stream live radio and video and stay up to date on all of your favorite teams.

Follow @Mitch_Harper

Idaho lawmakers will see an increase in their pay from $19,913, to $25,000 per year for the next two years.

The Citizens’ Committee on Legislative Compensation unanimously approved this increase Wednesday morning at the Idaho State Capitol in Boise. 

The Idaho Senate president pro tem and Idaho House speaker will also receive an increase of an additional $5,000 per year to $5,500 per year, and minority leadership will receive an increase of an additional $2,000 to $2,500. 

The new salary structure will take effect on Dec. 1 for the next two years, unless the state Senate and House of Representatives reject or reduce the new rates by concurrent resolution within 25 days of the legislative session, which begins Jan. 6. If the new rates are rejected, the previous lower rates will remain in effect.

Costs for daily meals and travel expenses during the annual legislative session will remain covered under the new structure.

According to the Idaho Constitution, the Legislature “shall have no authority to establish the rate of its compensation and expense by law.” Rather, a citizens committee must establish the salary of Idaho lawmakers. The committee consists of six members who are not public officials – three appointed by the governor and three by the Idaho Supreme Court.

Committee rejects original proposal for 43% increase

The original request from Idaho Senate and House leadership and minority leadership sought a 43% pay increase for state lawmakers. This proposed pay rate would have boosted salaries to $37,801 in the coming year while eliminating some expense reimbursements, the Idaho Statesman reported.

On Wednesday, the committee rejected that proposal.

“I think leadership has done a great job, but I just don’t think they deserve that much more compensation,” committee member Mary Hasenoehrl said. 

At Wednesday’s hearing, three individuals voiced their opposition to the original proposal, beginning with American Action Fund Idaho field manager Sulamita Rotante. 

“A 43% pay increase for legislators during a time of historic inflation is out of touch with what Idaho people want and the conservative values we hold true. This should be a no brainer for our elected officials,” she said. “… Legislators should be focused on cutting government spending and taxes, or cutting government spending and taxes.”

Rotante also said it was “concerning” that the committee chose to meet at 8 a.m. the day after the presidential election. Committee chairman Dennis Johnson said he is aware of the inconvenience of the timing of the meeting. However, it was not an attempt to “do this in the dark of the night,” he said, but rather it met the schedules of those who are on this committee. 

Others who spoke in opposition to the proposed pay increases included Idaho Freedom Foundation policy director Niklas Kleinworth, and District 25 Idaho House Representative-elect David Leavitt.

“I believe it sends a wrong message to our taxpayers to fund lawmaker raises,” Leavitt said. “We should be focusing on saving taxpayers money.”

Idaho Senate Pro Tem Chuck Winder, R-Boise, attended the hearing virtually on Zoom. Winder, who was defeated in his May primary election and won’t be returning to the Legislature in January, defended the proposed increases, emphasizing the need to attract younger candidates and the high cost of housing in Boise.

“In Boise, housing is very difficult to obtain, and people are actually living in hotels,” Winder said.  “I can remember 10 years ago when a $100 a room was kind of the top end. Now to get a room in the downtown area or close to the capitol, you’re looking at $200 to $300 a night.”