Bryan Kohberger's lawyers fight death penalty in University of Idaho murders

BOISE, Idaho -- Bryan Kohberger's defense team is making an attempt to have the death penalty taken off the table.

Kohberger, a former criminology Ph.D. student at nearby Washington State University, has been charged with four counts of first-degree murder and one count of burglary, in connection with the fatal stabbing of four University of Idaho students -- Kaylee Goncalves, 21, Madison Mogen, 21, Xana Kernodle, 20, and Ethan Chapin, 20.

They were killed in an off-campus house in the early hours of Nov. 13, 2022.

On Thursday, the suspect's lawyers will argue that prosecutor's insistence on the death penalty violates both the Constitution and Kohberger's rights.

In the state of Idaho, execution by firing squad is permitted if lethal injection drugs are not available.

Kohberger's defense team have pointed to that law saying that lethal injection is "not viable".

"The defense is arguing that this the inability to choose, but being forced to have a firing squad is a violation of Brian Kohberger's eighth amendment for cruel and unusual punishment," ABC News legal contributor Brian Buckmire said.

Last month, Idaho's Supreme Court ruled that the trial would be moved from Latah County to Boise following a request for a change of venue from the defense.

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The defense successfully argued that Kohberger would not have an impartial jury in Moscow - citing extensive media coverage tainting the jury pool.

The trial is set to begin on Aug. 7, 2025, and is expected to last until Nov. 7, 2025.