Bryan Kohberger prosecutors will let victims’ families speak, no lay witnesses for sentencing if convicted

Idaho will not call lay witnesses in the Bryan Kohberger case during a potential sentencing hearing for the accused killer, which could result in a death sentence.

May 9, 2025 - 16:51
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Bryan Kohberger prosecutors will let victims’ families speak, no lay witnesses for sentencing if convicted

The prosecuting attorney in the case of Bryan Kohberger, accused of murdering four University of Idaho students, notified the court in a recent filing that the state does not intend to call lay witnesses during the penalty phase of the trial, if he is convicted. 

The prosecution wrote in the filing obtained by Fox News Digital that it "hereby provides notice that the State does not intend to call any lay witnesses during the penalty phase."

The document was filed late last week in the District Court of the Fourth Judicial District in the State of Idaho.

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"Rather, the State intends to rely on testimony and evidence admitted during the guilt phase," the filing says. 

The state does intend to allow victim impact statements from immediate family members of the victims who are present for the potential sentencing hearing. 

Read the court filing:

Kohberger is charged with first-degree murder in the deaths of four students at the University of Idaho, including Kaylee Goncalves, 21; Xana Kernodle, 20; Madison Mogen, 21; and Ethan Chapin, 20. He is also charged with one count of felony burglary. 

The four students were killed in a home attack on Nov. 13, 2022, near the university's campus.

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The state will pursue the death penalty if Kohberger is convicted. 

His defense attorney, Anne Taylor, recently found herself the object of Judge Steven Hippler's scorn when she presented a motion to take the death penalty off the table in the case. 

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She argued that the prosecution's discovery was so sloppy that Kohberger could not possibly review the evidence against him before his trial is scheduled to begin in August.

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"[Kohberger] has been receiving discovery in the same manner for over two years," Hippler wrote. "[Kohberger] has not sought additional resources…to hire additional staff to review discovery or obtain litigation document control software to help organize and sort the evidence. His lead counsel insisted that she be allowed to take on a second high-profile capital case despite the voluminous discovery in this case."

Hippler also added that Taylor, "indicated that her practice is to personally review all the discovery herself, rather than rely on associates and staff to review materials to cut through the less relevant information and point to what materials need review by lead counsel."

Fox News Digital reached out to Taylor and to Latah County Prosecuting Attorney Bill Thompson's office. 

Fox News' Adam Sabes contributed to this report.