Bryan Kohberger's lawyers urge judge to ban death penalty in Idaho murder case; Victim's mother says: 'He deserves to die'

Lawyers for an accused man Stabbings One of four University of Idaho students asked a judge Thursday to take the death penalty off the table, saying international, federal and state law made it inappropriate for the case. But a victim's mother, who attended the hearing, said the suspect “deserved to die.”

Bryan Kohberger is accused of the November 13, 2022 murders of Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves. Investigators said they were able to link Kohberger – then a graduate student at nearby Washington State University – to the crime using DNA found on a knife sheath at the crime scene, surveillance video and cellphone data.

When asked to enter a plea last year, Kohberger remained silent, prompting a judge to enter a not guilty plea on his behalf. Prosecutors have said they will seek the death penalty if convicted. In September, Kohberger was taken to prison in Boise, where his The trial was postponed the week before.

During a pre-trial hearing, Kohberger's defense team presented a wide range of arguments against the death penalty, saying, among other things, that it does not meet today's standards of decency, that making convicted inmates wait decades on death row is cruel before execution and that it is against violates an international treaty that prohibits the torture of prisoners.

However, 4th District Judge Stephen Hippler questioned many of these claims, saying that the international treaty they referenced was intended to ensure that prisoners receive due process so that they are not left without a fair trial be convicted and executed.

Prosecutors noted that the Idaho Supreme Court has already considered many of these arguments in other capital cases and upheld the death penalty.

Still, by raising the issues during the motion hearing, Kohberger's defense team took the first step toward preserving their legal arguments in the court record and potentially giving them the opportunity to re-argue them on appeal.

The judge said he would issue a written decision on the motions later.

The victim's parents attend the hearing

Kristi and Steve Goncalves, Kaylee Goncalves' parents, attended the hearing. They then said the details of the case showed the death penalty was justified.

“You have four victims, all in one house – that's more than enough,” Steve Goncalves said.

Kristi Goncalves said she has spoken to the coroner and knows what happened to her daughter.

“If he did what he did to our daughter and the others, then he deserved to die,” she said.

Steve Goncalves told “48 Hours” last year that “there is evidence that she woke up and tried to get out of that situation” and that she was “trapped” because of the way the bed was set up.

Kohberger's lawyers said he was walking the night of the murder and often looked at the sky.

His trial is scheduled for start next August and is expected to last up to three months. The Goncalves family said they rented a house in Boise so they could attend.

Goncalves' family said in the spring that they were frustrated by how long the case took to move through the justice system.

“This case is becoming a hamster wheel of motions, hearings and delayed decisions,” the family said in a statement.