Bryan Kohberger, the 28-year-old criminology buff accused of ambushing sleeping college students with a large knife in November, is expected to be arraigned Monday morning on murder and other charges.
And if he finally enters a plea, it would trigger a countdown – giving prosecutors two months to officially announce that they are seeking the death penalty in connection with the ambush slayings of Kaylee Goncalves and Madison Mogen, both 21, as well as Xana Kernodle and Ethan Chapin, 20.
“Upon entry of plea, the most morbid of all clocks starts ticking – the prosecuting attorney has 60 days to file, in writing, a notice of intent to seek the death penalty,” said Edwina Elcox, a prominent Boise-based defense attorney who previously represented “cult mom” Lori Vallow.
Possible scenarios in court Monday:
- He’ll likely plead not guilty or not enter a plea at all.
A guilty plea would be highly unlikely given Kohberger’s defense team just added the high-powered Elisa Massoth, according to Elcox.
Massoth once attended the same college as the four victims, is certified to defend death penalty cases and boasts of being “one of the top criminal defense lawyers in Idaho.”
One of her previous cases includes the overturning of a conviction for a man accused of attempted murder and kidnapping. The case appeared on “America’s Most Wanted,” and he received four consecutive life sentences plus 50 years, according to the National Registry of Exonerations.
- If the entry of a plea is postponed, he would likely be due back in court in a couple of weeks.
- If he does enter a plea, the 60-day countdown begins for prosecutors to formally file their intent to seek the death penalty.
Idaho recently reinstated the firing squad as an option.
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