Latest / Beyond The Horizon / Mega Edition: The State Of Idaho Notifies Kohberger Of Their Intention To Seek The Death Penalty (9/15/26)

Transcript

Mega Edition: The State Of Idaho Notifies Kohberger Of Their Intention To Seek The Death Penalty (9/15/26) · Beyond The Horizon

• 0:00
  Speaker 1: What's up, everyone, and welcome back to the program. In
• 0:04
  Speaker 1: this episode, we're going to dive right back into the
• 0:06
  Speaker 1: Brian Koberger trial court documents, and we have several different
• 0:11
  Speaker 1: ones that we're going to take a look at. The
• 0:14
  Speaker 1: first one we're going to look at is the notice
• 0:16
  Speaker 1: pursuant to Idaho Code Section 18-4004A. So this is their
• 0:24
  Speaker 1: intent to go after the death penalty. Case number CR29-22.
• 0:30
  Speaker 1: State of Idaho plaintiff versus Brian C. Koberger, the defendant.
• 0:37
  Speaker 1: Comes now the state of Idaho by and through the
• 0:40
  Speaker 1: Latah County prosecuting attorney and hereby gives notice to the court,
• 0:44
  Speaker 1: the defendant and his counsel pursuant to Idaho Code 18-4004A
• 0:51
  Speaker 1: that as of this point in time and based on
• 0:54
  Speaker 1: the information known to the state to date, The following
• 0:57
  Speaker 1: statutory aggravating circumstances pursuant to Idaho Code 19-2515-9 appear to exist,
• 1:07
  Speaker 1: in this case, as to the crimes of murder in
• 1:09
  Speaker 1: the first degree as charged in Counts 2, 3, 4,
• 1:14
  Speaker 1: and 5 of the indictment herein. Idaho Code Section 19-251-159B
• 1:24
  Speaker 1: At the time of the murder was committed, the defendant
• 1:27
  Speaker 1: also committed another murder and or to Idaho Code Section 19-25159E.
• 1:37
  Speaker 1: The murder was especially heinous, atrocious or cruel, manifesting exceptional
• 1:43
  Speaker 1: depravity and or 3 Idaho Code 19-251591 by the murder
• 1:46
  Speaker 1: or circumstances Surrounding its commission, the defendant exhibited utter disregard
• 1:57
  Speaker 1: for human life, and or for Idaho Code 19-25159G. The
• 2:05
  Speaker 1: murder was committed in the perpetration of, or attempt to perpetrate, arson, rape, robbery, burglary, kidnapping,
• 2:13
  Speaker 1: or mayhem, and the defendant killed, intended a killing, or
• 2:17
  Speaker 1: acted with reckless indifference to human life, and or 5
• 2:22
  Speaker 1: Idaho Code Section 19-251-59I. The defendant, by his conduct, whether
• 2:31
  Speaker 1: such conduct was before, during, or after the commission of
• 2:34
  Speaker 1: the murder at hand, has exhibited a propensity to commit
• 2:37
  Speaker 1: murder which will probably constitute a continuing threat to society.
• 2:43
  Speaker 1: The state gives this notice based on the fact that
• 2:46
  Speaker 1: it has not identified or been provided with any mitigating
• 2:50
  Speaker 1: circumstances sufficient to prohibit the triers of fact from considering
• 2:55
  Speaker 1: all penalties authorized by the Idaho legislature, including the possibility
• 3:01
  Speaker 1: of a capital sentence. Consequently, considering all evidence currently known
• 3:06
  Speaker 1: to the state, the state is compelled to file this
• 3:08
  Speaker 1: notice of intent to seek the death penalty. The state
• 3:12
  Speaker 1: will continue to review additional information as it is received
• 3:16
  Speaker 1: and reserves the statutory right to amend or withdraw this notice.
• 3:21
  Speaker 1: Respectfully submitted this 26th day of June 2023 and signed
• 3:27
  Speaker 1: by William Thompson. The next document we have is the
• 3:31
  Speaker 1: stipulation for preparation and release of transcript and record of
• 3:36
  Speaker 1: grand jury proceedings with conditions. Case number CR 29-22-2805. State
• 3:44
  Speaker 1: of Idaho plaintiff versus Brian Christopher Kohlberger, the defendant. Come
• 3:51
  Speaker 1: now the above named parties by and through their undersigned
• 3:55
  Speaker 1: attorneys of record and hereby stipulate to the court entering
• 3:59
  Speaker 1: orders pursuant to Idaho criminal rules 6.2 C and 6.3
• 4:05
  Speaker 1: C as follows. A. For the preparation of a transcript
• 4:10
  Speaker 1: of the grand jury proceedings herein except deliberations as contemplated
• 4:15
  Speaker 1: by Idaho criminal rule 6.2. B. For permission for the
• 4:20
  Speaker 1: state and defense to obtain a copy of said transcript
• 4:24
  Speaker 1: and record, including the items listed on the attached Exhibit A,
• 4:28
  Speaker 1: which is submitted under seal to protect confidential grand jury information,
• 4:34
  Speaker 1: and copies of the exhibits and copies of the questionnaires
• 4:37
  Speaker 1: for the jurors with the understanding that the same will
• 4:41
  Speaker 1: remain confidential. The Honorable Jay Gaskill, Senior District Judge, presiding
• 4:47
  Speaker 1: over the grand jury proceeding, having already issued a May 16, 2023,
• 4:52
  Speaker 1: order releasing records and proceedings pursuant to Idaho Criminal Rule 6.3c.
• 4:59
  Speaker 1: The parties further stipulate that the records and proceedings... of
• 5:03
  Speaker 1: the grand jury may also be shared by defense counsel
• 5:07
  Speaker 1: with its investigators and retained experts with the provision that
• 5:11
  Speaker 1: those individuals shall not be allowed to further disclose any
• 5:15
  Speaker 1: of the grand jury material. In order to protect the
• 5:19
  Speaker 1: identities of the impaneled grand jurors, the disclosed record and
• 5:23
  Speaker 1: transcript are to be redacted so as to remove any
• 5:26
  Speaker 1: reference to grand jurors' individual names. Select portions of the
• 5:31
  Speaker 1: grand jury record and transcript may also be shared with
• 5:35
  Speaker 1: any witnesses who testified at the grand jury proceedings, but
• 5:39
  Speaker 1: for each witness, only that portion of the redacted version
• 5:43
  Speaker 1: of the transcript that contains his or her own testimony.
• 5:48
  Speaker 1: Respectfully submitted this 27th day of June, 2023, and this
• 5:53
  Speaker 1: was signed by William Thompson and Dan Taylor. The next
• 5:57
  Speaker 1: document we have is the state's request for time To
• 6:01
  Speaker 1: respond to defendants third motion. To compel discovery. And supporting declarations.
• 6:09
  Speaker 1: Case number. CR 29-22-2805. The state of Idaho plaintiff. Versus
• 6:17
  Speaker 1: Brian C. Koberger. The defendant. Comes now. The state of Idaho.
• 6:22
  Speaker 1: By and through the Latah County. Prosecuting attorney. And hereby
• 6:26
  Speaker 1: requests an extension. Of time to respond. To the following
• 6:30
  Speaker 1: recent filings. 1. Objection to the state's motion for protective order. 2.
• 6:36
  Speaker 1: Defendant's third motion to compel discovery. 3. Declaration of Ann
• 6:42
  Speaker 1: Taylor in support of defendant's third motion to compel. 4.
• 6:46
  Speaker 1: Notice of filing declaration of Bicca Barlow in support of
• 6:50
  Speaker 1: defendant's third motion to compel, filed June 22, 2023. 5.
• 6:53
  Speaker 1: Notice of filing declaration of Stephen B. Mercer in in
• 7:00
  Speaker 1: support of defendant's third motion to compel, filed on June
• 7:05
  Speaker 1: 22nd of 2023. As background, on May 3rd, 2023, the
• 7:11
  Speaker 1: defendant filed a third supplemental request for discovery. On May 12th, 2023,
• 7:18
  Speaker 1: the state filed a response indicating it would be filing
• 7:21
  Speaker 1: a motion for protective order. On June 16th, 2023, the
• 7:26
  Speaker 1: state filed a motion for protective order. On June 22, 2023,
• 7:31
  Speaker 1: last Thursday, the defendant filed 1. Objection to state's motion
• 7:36
  Speaker 1: for protective order, 2. Defendant's third motion to compel discovery, 3.
• 7:43
  Speaker 1: Declaration of Anne C. Taylor in support of defendant's third
• 7:47
  Speaker 1: motion to compel, 4. Notice of filing declaration of Bicca
• 7:52
  Speaker 1: Barlow in support of defendant's third motion to compel, and 5.
• 7:57
  Speaker 1: Notice of filing declaration of Stephen B. Mercer in support
• 8:01
  Speaker 1: of defendant's third motion to compel. On Friday, June 23, 2023,
• 8:06
  Speaker 1: the defendant also filed a motion to shorten time. The
• 8:11
  Speaker 1: state is entitled to a reasonable opportunity to review and
• 8:15
  Speaker 1: respond to the above filings. Based on the above, the
• 8:19
  Speaker 1: estate requests the court continue the hearing scheduled for June 27,
• 8:25
  Speaker 1: 2023 regarding the defendant's third motion to compel and the
• 8:28
  Speaker 1: state's motion for protective order so that the state is
• 8:32
  Speaker 1: granted a reasonable amount of time to reply to the
• 8:36
  Speaker 1: defendant's recent filings. Defendant's attorney, Ann Taylor, has relayed to
• 8:41
  Speaker 1: the state that she has no objection to this. Respectfully
• 8:46
  Speaker 1: submitted this 26th day of June of 2023. This was
• 8:51
  Speaker 1: signed by Ashley Jennings. And the last document we have,
• 8:56
  Speaker 1: is the motion to temporarily seal Exhibit 1 of the
• 9:00
  Speaker 1: state's supplemental response to defendants' fourth supplemental request for discovery.
• 9:06
  Speaker 1: Case number CR29-22-2805. State of Idaho plaintiff versus Brian C. Koberger,
• 9:14
  Speaker 1: the defendant. The state of Idaho, by and through the
• 9:18
  Speaker 1: Latah County prosecuting attorney, respectfully moves the court pursuant to
• 9:23
  Speaker 1: Idaho Court Administrative Rule 32G1 and Idaho Code 74-124 for
• 9:30
  Speaker 1: a temporary order sealing Exhibit 1 attached to the state's
• 9:34
  Speaker 1: supplemental response to defendant's fourth supplemental request for discovery herein
• 9:40
  Speaker 1: because release or disclosure would 1. interfere with enforcement proceedings 2.
• 9:46
  Speaker 1: deprive a person of a right to a fair trial
• 9:49
  Speaker 1: or An impartial adjudication to constitute an unwarranted invasion of
• 9:55
  Speaker 1: personal privacy. Three disclose the identity of a confidential source.
• 10:00
  Speaker 1: and or four disclose investigative techniques and procedures. The state
• 10:06
  Speaker 1: seeks its protection pending a hearing on the matter. Wherefore,
• 10:10
  Speaker 1: the state respectfully prays that the court seal from public
• 10:14
  Speaker 1: disclosure exhibit one attached to the state's supplemental response to
• 10:18
  Speaker 1: defendant's fourth supplemental request for discovery herein under the provisions
• 10:24
  Speaker 1: of Idaho Court Administrative Rule 32G1 and Idaho Code 74-124.
• 10:27
  Speaker 1: This was dated the 29th of June and it was
• 10:30
  Speaker 1: signed by Ashley Jennings. All right, folks, that's going to
• 10:39
  Speaker 1: do it for this dump. All of the information that
• 10:42
  Speaker 1: goes with the episode can be found in the description box.
• 10:46
  Speaker 1: What's up, everyone, and welcome back to the program. In
• 10:49
  Speaker 1: this episode, we're going to spin back up to Moscow
• 10:52
  Speaker 1: and we're going to take a look at Brian Kohlberger's
• 10:54
  Speaker 1: amended motion to strike state's notice of intent to seek
• 10:58
  Speaker 1: death on grounds of means of execution. Case number. CR 01-24-31-665.
• 11:05
  Speaker 1: State of Idaho Plaintiff. First Brian C. Koberger, the defendant.
• 11:13
  Speaker 1: Comes now. Brian C. Koberger, by and through his attorneys
• 11:16
  Speaker 1: of record, hereby moves this court, pursuant to the 5th, 6th, 8th,
• 11:20
  Speaker 1: and 14th Amendments, to the United States Constitution, Article 1,
• 11:25
  Speaker 1: Section 1, 6, 7, 8, and 13 of the Idaho Constitution. ICR. Rs. 3, 5, 5.1,
• 11:33
  Speaker 1: and 7, and IC Section 18, 4004, 19-1301, through 1308,
• 11:34
  Speaker 1: and 1409, 1411, and 1418, and 19-2515, to strike the
• 11:36
  Speaker 1: state's notice of intent to seek the death penalty. This
• 11:38
  Speaker 1: motion is made on the grounds that upon conviction and
• 11:41
  Speaker 1: the sentence of death, the process by which Mr. Kohlberger
• 11:44
  Speaker 1: would be put to death in Idaho violates the Eighth Issues. 1.
• 12:26
  Speaker 1: Proceeding with capital murder charges in this case is unconstitutional
• 12:30
  Speaker 1: because executing Mr. Koberger by means of lethal injection or
• 12:34
  Speaker 1: a gunshot as conceived by the Idaho Department of Corrections
• 12:38
  Speaker 1: would violate his right to be free from cruel and
• 12:40
  Speaker 1: unusual punishment under the Eighth Amendment and his right to
• 12:44
  Speaker 1: due process under the Fourteenth Amendment of the United States Constitution. C.
• 12:49
  Speaker 1: Trott v. Dulles, 1958. Gregg v. Georgia, 1976. It would
• 12:56
  Speaker 1: also violate his rights under Article 1, Section 6 and
• 13:00
  Speaker 1: 13 of the Idaho Constitution. An execution procedure that involves
• 13:04
  Speaker 1: the unnecessary and wanton infliction of pain violates the Eighth Amendment.
• 13:08
  Speaker 1: Greg 428 U.S. at 173. The Eighth Amendment's prohibition is
• 13:13
  Speaker 1: not static, but is responsive to evolving standards of decency
• 13:17
  Speaker 1: and contemporary values concerning the infliction of a challenge sanctioned.
• 13:21
  Speaker 1: Execution by lethal injection constitutes cruel and unusual punishment. Furthermore,
• 13:26
  Speaker 1: the 14th Amendment guarantees that no person may be deprived
• 13:30
  Speaker 1: of life, liberty, or property without due process of law.
• 13:33
  Speaker 1: A violation of procedural due process requires the showing of 1.
• 13:38
  Speaker 1: A constitutionally protected interest in life, liberty, or property. 2.
• 13:42
  Speaker 1: Governmental deprivation of that right. 3. Constitutional inadequacy of challenge
• 13:48
  Speaker 1: procedures affecting the deprivation. See Bank of Jackson, County v. Cherry,
• 13:53
  Speaker 1: 11th Circuit, 1993. A prisoner sentenced to death has a
• 13:57
  Speaker 1: constitutionally protected interest in life that is not extinguished by
• 14:01
  Speaker 1: the conviction and death sentence. See Ohio Adult Parole Authority v. Woodard, 523, 1998.
• 14:08
  Speaker 1: The manner of execution is set by the legislature in Idaho.
• 14:13
  Speaker 1: I see section 19. 2716 was amended just last year.
• 14:18
  Speaker 1: The new version of the statute is 1. The punishment
• 14:21
  Speaker 1: of death shall be inflicted by continuous the following methods.
• 14:25
  Speaker 1: Continuous intravenous administration of a lethal quantity of a substance
• 14:30
  Speaker 1: or substances approved by the director of the Idaho Department
• 14:33
  Speaker 1: of Correction until death is pronounced by a coroner or
• 14:36
  Speaker 1: a deputy coroner or be firing squad. 2. not later
• 14:41
  Speaker 1: than five days after the issuance of a death warrant,
• 14:44
  Speaker 1: the Director of the Idaho Department of Corrections must determine
• 14:47
  Speaker 1: and certify by affidavit to the court that issued the
• 14:51
  Speaker 1: death warrant whether execution by lethal injection, as described in
• 14:55
  Speaker 1: subsection 1A of this section, is available. 3. If the
• 14:59
  Speaker 1: Director certifies that lethal injection is available, the method of
• 15:03
  Speaker 1: execution shall be lethal injection. 4. If the Director does
• 15:08
  Speaker 1: not certify that lethal injection is available, fails to file
• 15:11
  Speaker 1: a certification as required pursuant to subsection 2 of this section,
• 15:16
  Speaker 1: or otherwise determines that lethal injection is unavailable, the method
• 15:20
  Speaker 1: of execution shall be firing squad. 5. If a court
• 15:25
  Speaker 1: holds that lethal injection is unconstitutional on its face, or
• 15:28
  Speaker 1: as applied, or otherwise determines that firing squad is a
• 15:32
  Speaker 1: constitutionally required method of execution, the method of execution shall
• 15:36
  Speaker 1: be firing squad. 6. The Director of the Idaho Department
• 15:41
  Speaker 1: of Correction shall determine the procedures to be used in
• 15:44
  Speaker 1: any execution. 7. The provisions of this section shall apply
• 15:49
  Speaker 1: to all executions carried out and after the effective date
• 15:52
  Speaker 1: of this enactment, irrespective of the date the sentence was imposed.
• 15:57
  Speaker 1: Section 2. An emergency existing, therefore, which emergency is hereby
• 16:01
  Speaker 1: declared to exist, this act shall be in full force
• 16:04
  Speaker 1: and effect on and after July 1, 2023. The Idaho
• 16:10
  Speaker 1: Supreme Court has ruled that the word any in what
• 16:13
  Speaker 1: is now subsection 6 refers to each and every person
• 16:17
  Speaker 1: to be executed as an individual rather than a broad
• 16:20
  Speaker 1: policy for all defendants. See Pizzuto vs. IDOC 2022. The
• 16:26
  Speaker 1: court held that because of the legal issues with the
• 16:28
  Speaker 1: manner of execution, the director of the IDOC must provide
• 16:32
  Speaker 1: each individual to be executed with the procedures that will
• 16:35
  Speaker 1: be used in their case in advance of the execution
• 16:39
  Speaker 1: so that they may be reviewed and challenged. Idea 98. Thus,
• 16:44
  Speaker 1: one condemned to die in Idaho has no real way
• 16:47
  Speaker 1: to know how they will be killed at least until
• 16:49
  Speaker 1: the death warrant is issued. Still as things stand, Idaho
• 16:53
  Speaker 1: has no viable method for killing Mr. Kohlberger. Up until
• 16:57
  Speaker 1: 1978 in Idaho, death was imposed by hanging. Kathy Hill hanged,
• 17:01
  Speaker 1: a history of Idaho's executions for 2010. The actual structure
• 17:07
  Speaker 1: of hanging was changed more than once because of the
• 17:09
  Speaker 1: difficulty of getting next to snap as desired leading to
• 17:12
  Speaker 1: a lack of immediacy in the execution. The last man
• 17:17
  Speaker 1: hanged by the people of Idaho was Raymond Snowden on
• 17:19
  Speaker 1: October 18th, 1957. Hill at 25. For the first time,
• 17:26
  Speaker 1: prison officials would use their new execution chamber, located on
• 17:29
  Speaker 1: the second floor of cell block 5, next to death row.
• 17:33
  Speaker 1: The room replaced the outside scaffold used for earlier prison hangings.
• 17:37
  Speaker 1: Throughout the day, guards repeatedly tested the trap door to
• 17:41
  Speaker 1: ensure all would be ready for Snowden. The sound of
• 17:44
  Speaker 1: the door dropping reverberated through the cell block. Guards would
• 17:47
  Speaker 1: recall the prisoners were eerily quiet that evening. Around 11.45 p.m.,
• 17:53
  Speaker 1: prison guards arrived at Snowden's cell. They carried a backboard
• 17:57
  Speaker 1: complete with arm, leg, and foot straps. Snowden balked at first,
• 18:02
  Speaker 1: but with the prison chaplain's assurances, he allowed himself to
• 18:05
  Speaker 1: be strapped in. They delivered him to the execution room
• 18:08
  Speaker 1: and placed him in an upright position. The hangman's noose
• 18:13
  Speaker 1: dangled directly above his head. Approximately 10 people gathered in
• 18:17
  Speaker 1: the observation room, among them Boise Police Chief Frank DeMarest
• 18:22
  Speaker 1: and Ada County Sheriff Pat McCarty, who had so deftly
• 18:25
  Speaker 1: built the case against Snowden. Several newspaper reporters were also
• 18:29
  Speaker 1: at the execution, but all declined to enter the observation room.
• 18:34
  Speaker 1: With Snowden in place on the trapdoor, prison warden Lou
• 18:36
  Speaker 1: Clapp asked if he had any final words. Snowden, calm
• 18:40
  Speaker 1: and clear, replied, I do, but I don't know how
• 18:43
  Speaker 1: to say it. Clapp gave him a few more minutes,
• 18:46
  Speaker 1: then placed the black hood over his head. He stepped back,
• 18:49
  Speaker 1: and the executioner, who received $ 600 for his trouble, stepped forward.
• 18:54
  Speaker 1: He placed the noose around Snowden's neck, pushed the knot
• 18:57
  Speaker 1: close to the spine, and pulled the trapdoor. The backboard
• 19:01
  Speaker 1: veered a bit, scraping the side of the trap, but
• 19:03
  Speaker 1: the deed was done. Snowden was pronounced dead at 1220 a.m.,
• 19:07
  Speaker 1: October 18th, 1957. Precisely why Idaho gave up on hanging
• 19:14
  Speaker 1: has no simple explanation. Perhaps the guards telling stories of
• 19:17
  Speaker 1: the sounds of the trapdoor being tested repeatedly in the
• 19:20
  Speaker 1: presence of the doomed man made people feel uncomfortable with
• 19:23
  Speaker 1: the whole ordeal. Maybe it was the idea of strapping
• 19:27
  Speaker 1: a man onto a board and wheeling him off to
• 19:29
  Speaker 1: kill him with a bag over his face. Whatever it was,
• 19:33
  Speaker 1: the how is relatively simple. In 1978, as Idaho's legislature
• 19:37
  Speaker 1: tried to devise ways to kill people that would satisfy
• 19:40
  Speaker 1: the demands of the United States Supreme Court, Senator Jim
• 19:44
  Speaker 1: Risch and Mike Black joined forces to amend the law
• 19:47
  Speaker 1: to require lethal injection. He'll add four. The senators both
• 19:52
  Speaker 1: claim lethal injection would be more humane. Senate Judiciary and
• 19:56
  Speaker 1: Rules Committee minutes February 16th, 1978. When the bill was
• 20:01
  Speaker 1: proposed to the House Judiciary Rules and Administration Committee, Warden
• 20:06
  Speaker 1: Anderson appeared in support of the bill by indicating that
• 20:08
  Speaker 1: it was his desire of the Board of Corrections to
• 20:11
  Speaker 1: take the circus atmosphere out of executions. He said that
• 20:15
  Speaker 1: there are weird people who show up at executions and
• 20:17
  Speaker 1: contribute to the circus atmosphere. It's unclear where Warden Anderson
• 20:22
  Speaker 1: was encountering these circus-like executions, given that the last one
• 20:26
  Speaker 1: in 1957, as described above, was far from it. However,
• 20:30
  Speaker 1: the new, humane method of killing people immediately ran into problems.
• 20:35
  Speaker 1: Bonna Miller of the Department of Corrections explained to the
• 20:38
  Speaker 1: House Judiciary, Rules, and Administration Committee just four years later,
• 20:42
  Speaker 1: a medical prescription is required to obtain the lethal injection.
• 20:46
  Speaker 1: Then a medical doctor or a medically trained person must
• 20:49
  Speaker 1: administer the injection. The prison officials have been unable to
• 20:53
  Speaker 1: find a medically trained person who would carry out such injections.
• 20:58
  Speaker 1: During that legislative session, the Department of Corrections and Idaho
• 21:02
  Speaker 1: Medical Association said, tried to reach a compromise so that
• 21:05
  Speaker 1: killing could happen. The firing squad was included essentially as
• 21:09
  Speaker 1: a backup, and one of the drafters of the bill
• 21:12
  Speaker 1: thought it was likely unlawful. This was the birth of
• 21:15
  Speaker 1: the original firing squad. In 1982, IC Section 19-2716 permitted
• 21:23
  Speaker 1: the director to use the firing squad whenever lethal injection
• 21:26
  Speaker 1: was impractical. The only directive provided for the firing squad
• 21:31
  Speaker 1: was that the director would decide its members. The original
• 21:34
  Speaker 1: firing squad, however, never got off a shot. In 2009,
• 21:38
  Speaker 1: the firing squad was repealed with a statement of purpose
• 21:41
  Speaker 1: that read, This proposed legislation will further amend Idaho Code
• 21:47
  Speaker 1: Section 19-2716 to eliminate death by firing squad as an
• 21:51
  Speaker 1: alternative method of execution. The elimination of the alternative method
• 21:56
  Speaker 1: of death by firing squad is deemed appropriate in light
• 21:59
  Speaker 1: of the United States Supreme Court opinion in Bozzie v. Rees, 128, 2008,
• 22:05
  Speaker 1: in which the court concluded that a humane lethal injection
• 22:08
  Speaker 1: protocol does not constitute cruel and unusual punishment. There is
• 22:13
  Speaker 1: no similar Supreme Court authority addressing where the firing squad
• 22:17
  Speaker 1: as a method of execution would constitute cruel and unusual
• 22:20
  Speaker 1: punishment in violation of the Eighth Amendment. In addition, Idaho
• 22:25
  Speaker 1: is one of only two states that have a firing
• 22:27
  Speaker 1: squad as a method of execution. The rarity of this
• 22:30
  Speaker 1: method of execution could form the basis of an Eighth
• 22:33
  Speaker 1: Amendment claim. Elimination of the firing squad option will allow
• 22:37
  Speaker 1: the state to avoid such a challenge. This reasoning was
• 22:42
  Speaker 1: taken from the statements of the then Deputy Attorney General
• 22:45
  Speaker 1: Bill Von Tagan and Senior Deputy Attorney General Lamont Anderson,
• 22:49
  Speaker 1: House Judiciary Rules and Administration Minutes, February 11, 2009. This
• 22:55
  Speaker 1: brings us to this year when Lamont Anderson, now Lead
• 22:58
  Speaker 1: Deputy Attorney General for the Capitol Litigation Unit, returned to
• 23:02
  Speaker 1: the legislature to ask for the firing squad back. Mr.
• 23:05
  Speaker 1: Anderson told the Senate Judiciary that the opinion in Glossop v.
• 23:10
  Speaker 1: Gross 576 U.S. 863 found that shooting people was relatively
• 23:15
  Speaker 1: quick and painless and that there was an expert opinion
• 23:18
  Speaker 1: in 1983 that said the same thing. The majority in
• 23:21
  Speaker 1: Glossop never referred to the firing squad as quick and
• 23:24
  Speaker 1: painless except when it quoted Justice Sotomayor's dissent. It seems
• 23:29
  Speaker 1: clear from the opinion in Glossop that the majority was
• 23:32
  Speaker 1: simply pointing out that the dissent's view that all methods
• 23:36
  Speaker 1: for execution prior to lethal injection had become unconstitutional, was
• 23:41
  Speaker 1: a distinction without a difference from the view that it
• 23:44
  Speaker 1: was time to simply stop killing people. And no amount
• 23:47
  Speaker 1: of Google can uncover any experts from 1983 that thought
• 23:52
  Speaker 1: shooting people was humane. In fact, Coleman McCarthy wrote an
• 23:56
  Speaker 1: article called Killing with Kindness in 1983 that would seem
• 23:59
  Speaker 1: to dispel the idea that was the heyday of firing squads.
• 24:04
  Speaker 1: All right, we're going to wrap this episode up right here.
• 24:06
  Speaker 1: And in the next episode, dealing with the topic, we'll
• 24:08
  Speaker 1: pick up where we left off. All of the information
• 24:11
  Speaker 1: that goes with this episode can be found in the
• 24:14
  Speaker 1: description box. What's up, everyone, and welcome back to the program.
• 24:17
  Speaker 1: In this episode, we're getting right back to the Brian
• 24:20
  Speaker 1: Kohlberger amended motion to strike state's notice of intent to
• 24:24
  Speaker 1: seek death on grounds of means of execution. Three. Idaho
• 24:28
  Speaker 1: does not have the ability to kill a man with
• 24:30
  Speaker 1: an injection at this point in time and likely will
• 24:33
  Speaker 1: not in the future. This is because of three things. One,
• 24:37
  Speaker 1: a lack of trained medical personnel willing to take a life. Two,
• 24:41
  Speaker 1: the difficulty in finding drugs that will kill without creating
• 24:44
  Speaker 1: unnecessary pain. And three, the difficulty of purchasing those drugs
• 24:49
  Speaker 1: that have been held to be appropriate for killing a
• 24:51
  Speaker 1: person by the courts. The United States Constitution prohibits deliberate
• 24:56
  Speaker 1: indifference to the known risks associated with a particular method
• 25:00
  Speaker 1: of execution. There are a number of known risks associated
• 25:04
  Speaker 1: with the lethal injection method of execution, and the state
• 25:07
  Speaker 1: of Idaho has typically failed to take adequate measures to
• 25:10
  Speaker 1: ensure against those risks. The Eighth Amendment safeguards nothing less
• 25:15
  Speaker 1: than a human being's dignity and prohibits methods of execution
• 25:19
  Speaker 1: that involve the unnecessary and wanton infliction of pain. Under
• 25:23
  Speaker 1: Tropp v. Dulles, 386 U.S. 1958, to comply with constitutional requirements,
• 25:30
  Speaker 1: the state must minimize the risk of unnecessary pain and
• 25:34
  Speaker 1: suffering by taking all feasible measures to reduce the risk
• 25:38
  Speaker 1: of error associated with the administration of capital punishment. Glass v. Louisiana. 1985,
• 25:43
  Speaker 1: Campbell v. Wood. 1994, Reinhardt J. dissenting. State must minimize
• 25:53
  Speaker 1: risks of mistakes in administering capital punishment, Eddings v. Oklahoma
• 25:57
  Speaker 1: 455-118 O'Connor J. Concurring. The most recent document detailing how
• 26:04
  Speaker 1: the director would kill a man is Idaho Department of Correction, Execution,
• 26:08
  Speaker 1: Chemicals Preparation, and Administration, last updated March 30, 2021. This
• 26:14
  Speaker 1: particular setup was intended for Mr. Pizzuto. See Ruth Brown,
• 26:18
  Speaker 1: Idaho inmate, Pizzuto's execution canceled. This court should review the
• 26:23
  Speaker 1: procedures in 2021 that IDOC could not implement. See Idaho
• 26:27
  Speaker 1: Department of Corrections Standard Operating Procedure. Execution procedures approved March 30th, 2021.
• 26:35
  Speaker 1: It consisted of four different possible methods of death. One,
• 26:38
  Speaker 1: method one, uses sodium pentothal to put the man to
• 26:42
  Speaker 1: sleep and then paralyzes him using bromide and finally burns
• 26:46
  Speaker 1: him alive from within using potassium chloride. Method 2 uses
• 26:51
  Speaker 1: pentobarbital to put the man to sleep and then also
• 26:55
  Speaker 1: murders them with bromide and potassium chloride. There is no
• 27:00
  Speaker 1: dispute in the scientific and legal community that potassium chloride
• 27:04
  Speaker 1: and bromide are extremely painful if a person receives them
• 27:07
  Speaker 1: while conscious. In Bozay v. Rees, the state conceded that
• 27:12
  Speaker 1: failing a proper dose of sodium thiopental that would render
• 27:16
  Speaker 1: the prisoner unconscious There is a substantial, constitutionally unacceptable risk
• 27:21
  Speaker 1: of suffocation from the administration of bromide and pain from
• 27:25
  Speaker 1: the injection of potassium chloride. Bromide paralyzes the chest, wall muscles,
• 27:31
  Speaker 1: and diaphragm so that the person can no longer breathe.
• 27:35
  Speaker 1: Potassium chloride causes a cardiac arrhythmia, which results in ineffective
• 27:39
  Speaker 1: pumping of blood by the heart and ultimately cardiac arrest. EMBASE,
• 27:44
  Speaker 1: the court found that the proper administration of the first
• 27:47
  Speaker 1: drug ensures that the prisoner does not experience any pain
• 27:51
  Speaker 1: associated with the paralysis and cardiac arrest caused by the
• 27:55
  Speaker 1: second and third drugs. The potential pain from the second
• 27:59
  Speaker 1: and third drugs was also acknowledged in the court's opinion
• 28:02
  Speaker 1: in Glossop v. Gross. Additionally, during oral arguments in Glossop,
• 28:07
  Speaker 1: Justice Kagan likened the pain from potassium chloride to being
• 28:10
  Speaker 1: burned alive from the inside. R. Barnes and M. Berman,
• 28:16
  Speaker 1: Supreme Court justices, hotly debate the use of lethal injection drug,
• 28:20
  Speaker 1: Washington Post, April 29, 2015. Scientific evidence as well as
• 28:26
  Speaker 1: eyewitness accounts from executions establish that the death by lethal
• 28:30
  Speaker 1: injection can be an extraordinary painful death. Method 3 simply
• 28:34
  Speaker 1: relies on injecting a lot of sodium pentothal. Method 4
• 28:38
  Speaker 1: is the same idea but relies on injecting pentobarbital instead.
• 28:43
  Speaker 1: Problematically for all these methods, sodium pentothal is no longer
• 28:47
  Speaker 1: available for killing people. The same became true of pentobarbital
• 28:52
  Speaker 1: shortly thereafter. The upshot is that lethal injection does not
• 28:55
  Speaker 1: exist in Idaho at this point in time. The director
• 28:58
  Speaker 1: acknowledged as much in his letter to the Board of
• 29:00
  Speaker 1: Corrections in November of 2022. Indeed, he was correct. The
• 29:05
  Speaker 1: botched legal injection of Thomas Creech on February 28, 2024,
• 29:10
  Speaker 1: demonstrates that, even with lethal injection drugs are obtained, lethal
• 29:14
  Speaker 1: injection is not available in Idaho. Due to this history,
• 29:19
  Speaker 1: the legislature readopted the firing squad as a possibility in
• 29:23
  Speaker 1: the last legislative session. Part 4. Firing Squad When considering
• 29:29
  Speaker 1: whether the firing squad, in its rebirthed iteration, is cruel
• 29:33
  Speaker 1: and unusual punishment in violation of the Constitution or of
• 29:36
  Speaker 1: both the United States and Idaho. It helps to have
• 29:39
  Speaker 1: an idea of what that will look like. In 2010,
• 29:43
  Speaker 1: Ronnie Lee Gardner volunteered for the firing squad in Utah,
• 29:46
  Speaker 1: June 18, 2010, when a prison official opened a curtain
• 29:51
  Speaker 1: to reveal the death chamber to witness early Friday convicted
• 29:54
  Speaker 1: killer Ronnie Lee Gardner was already strapped to the execution chair.
• 29:58
  Speaker 1: His eyes darted around the room at a prison in Draper, Utah,
• 30:02
  Speaker 1: but he appeared calm even at peace, witnesses said. This
• 30:06
  Speaker 1: was a stark contrast from a troubled life marred by drugs,
• 30:10
  Speaker 1: sexual abuse, and indiscriminate violence. Asked by a prison official
• 30:15
  Speaker 1: if he wanted to say anything, Gardner responded simply, I
• 30:18
  Speaker 1: do not, no. A black hood was slipped over his
• 30:21
  Speaker 1: bald head, a small circular target attached over his heart,
• 30:25
  Speaker 1: A barely audible countdown was interrupted by two loud bangs
• 30:29
  Speaker 1: in quick succession. It was 12.15 a.m. After a quarter
• 30:33
  Speaker 1: of a century on death row, Gardner, 49, became the
• 30:36
  Speaker 1: first man to die by firing squad in Utah in
• 30:38
  Speaker 1: 14 years. He clenched his fist and then let go.
• 30:43
  Speaker 1: Radio talk show host Doug Fabrizio, one of the small
• 30:47
  Speaker 1: group of witnesses, said, and then he clenched it again.
• 30:50
  Speaker 1: A medical examiner checked Gardner's pulse on both sides of
• 30:53
  Speaker 1: his neck, When the black hood was lifted to check
• 30:56
  Speaker 1: Gardner's pupils with a flashlight, his ashen face was briefly revealed.
• 31:01
  Speaker 1: He was pronounced dead at 12.17 a.m. At exactly midnight Friday,
• 31:06
  Speaker 1: the inmate who spent more than half his life behind
• 31:08
  Speaker 1: bars was awakened from a nap for his execution. He
• 31:11
  Speaker 1: was escorted to the nearby execution chamber where he was
• 31:14
  Speaker 1: strapped into a metallic wing chair. He wore a dark
• 31:18
  Speaker 1: prison jumpsuit and no shoes. The chair was raised on
• 31:21
  Speaker 1: a small black platform like a stage. Relatives of his
• 31:25
  Speaker 1: victims and members of the media witnessed the execution in
• 31:28
  Speaker 1: separate rooms nearby. A team of five anonymous marksmen armed with.
• 31:33
  Speaker 1: 30 caliber Winchester rifles, standing just 25 feet away behind
• 31:38
  Speaker 1: a brick wall cut with a gun port, aimed their
• 31:40
  Speaker 1: weapons at Gardner's chest. The Utah law enforcement officers volunteered
• 31:45
  Speaker 1: for the assignment. One rifle was loaded with a blank
• 31:48
  Speaker 1: so no one would know who fired the fatal shot.
• 31:51
  Speaker 1: Gardner repeatedly rubbed his left thumb and forefinger moments before
• 31:55
  Speaker 1: the shooting, though rifles exploded and four bullets perforated his
• 31:59
  Speaker 1: heart and lungs. The straps held his head up. A
• 32:02
  Speaker 1: metal tray beneath the chair collected his blood. Sandra Yee,
• 32:06
  Speaker 1: a reporter with KSLTV in Utah, said Gardner fidgeted even
• 32:11
  Speaker 1: after the barrage of gunfire. When he was shot, some
• 32:15
  Speaker 1: of us weren't sure if he had passed away because
• 32:17
  Speaker 1: we could see movement, she said. He had his fist clenched,
• 32:21
  Speaker 1: and then we could see his elbow move up and down.
• 32:24
  Speaker 1: Cheryl Worsley, a reporter with KSL Newsradio in Utah, described
• 32:28
  Speaker 1: the moments after the execution as disturbing. He moved a
• 32:32
  Speaker 1: little bit, and to some degree that bothers me, she said.
• 32:35
  Speaker 1: To some degree, that mirrors the last few weeks of
• 32:38
  Speaker 1: his life, because he was fighting to stay alive the
• 32:40
  Speaker 1: last few weeks, and that seemed to continue on. Prison
• 32:44
  Speaker 1: officials said Gardner spent his final hours sleeping, reading the
• 32:48
  Speaker 1: spy thriller Divine Justice, and watching the Lord of Rings
• 32:51
  Speaker 1: film trilogy. He also met with his attorneys and a
• 32:54
  Speaker 1: Mormon bishop. He appeared relaxed. He had fasted after eating
• 32:58
  Speaker 1: his last requested meal, steak, lobster tail, apple pie, vanilla
• 33:02
  Speaker 1: ice cream, and 7-Up two days earlier. He was at peace,
• 33:07
  Speaker 1: his attorney, Tyler Ayers, told the Salt Lake Tribune. He
• 33:10
  Speaker 1: even laughed a few times. That helped put me at ease.
• 33:14
  Speaker 1: Outside the prison, members of his family, some wearing t-shirts
• 33:17
  Speaker 1: displaying his prison number, 14873, gathered to pay their respects.
• 33:22
  Speaker 1: They were joined by dozens of death penalty protesters. Around
• 33:26
  Speaker 1: the time of the execution, family members cranked up a
• 33:29
  Speaker 1: car stereo playing Lynyrd Skynyrd's Free Bird. He didn't want
• 33:32
  Speaker 1: nobody to see him get shot, said Gardner's brother, Randy Gardner.
• 33:36
  Speaker 1: I would have liked to be there for him. I
• 33:38
  Speaker 1: love him to death. He's my little brother. Ray Sanchez
• 33:43
  Speaker 1: Ronnie Lee Gardner executed by firing squad in Utah June 18, 2010. Additionally,
• 33:49
  Speaker 1: Utah's Department of Corrections made a commemorative coin to give
• 33:52
  Speaker 1: all the staff that helped kill Ronnie that day. There
• 33:56
  Speaker 1: is an eerie similarity between the killing of Snowden by
• 33:59
  Speaker 1: hanging in 1957 and the killing of Gardner in 2010.
• 34:04
  Speaker 1: Men forced to spend years on death row finally taken
• 34:07
  Speaker 1: to be murdered by other men. Men strapped to boards,
• 34:10
  Speaker 1: faces covered by bags, The circus going on outside and
• 34:14
  Speaker 1: the coins being minted to remember state-sanctioned killing. This court
• 34:19
  Speaker 1: should wonder at why Idaho is choosing to go backwards.
• 34:23
  Speaker 1: The answer to that is the claims of Lamont Anderson
• 34:26
  Speaker 1: and those in his office suddenly seeing the light at
• 34:28
  Speaker 1: the end of the gun barrel after getting rid of
• 34:31
  Speaker 1: the practice almost 15 years ago. Their claims rest on
• 34:34
  Speaker 1: a misreading of Glossop. The majority in Glossop was not
• 34:37
  Speaker 1: considering firing squads as a method for execution only the
• 34:41
  Speaker 1: dissent did. And they did so on bare record. 576 U.S.
• 34:48
  Speaker 1: at 880 and 881. Both majority and dissent. Of the
• 34:52
  Speaker 1: opinion that Wilkerson v. State of Utah in 1999 held
• 34:56
  Speaker 1: that firing squad was constitutional, that simply is not true.
• 35:00
  Speaker 1: Wilkerson did not test the constitutionality of shooting people as
• 35:04
  Speaker 1: a means of execution. It tested whether a judge in
• 35:06
  Speaker 1: a territory had the authority to order a shooting after
• 35:10
  Speaker 1: the territory removed from its statute the method of execution.
• 35:13
  Speaker 1: 99 U.S. at 132 and 33. The court did mention
• 35:19
  Speaker 1: in dicta that it did not think firing squads were
• 35:22
  Speaker 1: cruel and unusual, but that had nothing to do with
• 35:25
  Speaker 1: the holding and As the court acknowledged, no one was
• 35:27
  Speaker 1: arguing in 1878 that it was cruel or unusual. Had
• 35:32
  Speaker 1: the statute prescribed the mode of executing the sentence, it
• 35:35
  Speaker 1: would have been the duty of the court to follow it,
• 35:38
  Speaker 1: unless the punishment to be inflicted was cruel and unusual
• 35:41
  Speaker 1: within the meaning of the Eighth Amendment to the Constitution,
• 35:44
  Speaker 1: which is not pretended by the counsel of the prisoner.
• 35:49
  Speaker 1: Since there, therefore, is no Supreme Court case, that has
• 35:52
  Speaker 1: ever actually considered whether it's cruel and unusual to use
• 35:55
  Speaker 1: a firing squad, this court should look at the ruling
• 35:58
  Speaker 1: of the Court of Common Pleas for the Fifth Judicial
• 36:01
  Speaker 1: Circuit of South Carolina and Owen v. Sterling. The Court
• 36:06
  Speaker 1: of Common Pleas found that the South Carolina recently brought
• 36:08
  Speaker 1: back the option of firing squad. The statute had been
• 36:12
  Speaker 1: challenged by people set to be executed. In the order
• 36:16
  Speaker 1: granting injunctive relief to a challenge of method of execution,
• 36:19
  Speaker 1: the court noted that that the firing squad had been
• 36:22
  Speaker 1: around for years and was largely unused, thus the firing
• 36:25
  Speaker 1: squad is not a new method of execution and it
• 36:28
  Speaker 1: is an unusual form of punishment. This is so even
• 36:31
  Speaker 1: though firing squads have existed for many years, meaning that
• 36:34
  Speaker 1: it is not newly created or recently discovered means of execution. Rather,
• 36:39
  Speaker 1: it is a reversion to the historic method of execution
• 36:42
  Speaker 1: that has never before been used by our state and
• 36:45
  Speaker 1: is not used in the overwhelming majority of other states. Thus,
• 36:49
  Speaker 1: execution by firing squad is unusual punishment, both nationally and
• 36:53
  Speaker 1: in South Carolina. The Court of Common Pleas also found
• 36:57
  Speaker 1: that the firing squad is cruel. Here, it's clear that
• 37:01
  Speaker 1: the firing squad causes death by damaging the inmate's chest,
• 37:04
  Speaker 1: including the heart, and surrounding bone and tissue. This is
• 37:08
  Speaker 1: extremely painful unless the inmate is unconscious, which, according to Dr.
• 37:12
  Speaker 1: Arden and Alvarez, is unlikely. Rather, the inmate is likely
• 37:17
  Speaker 1: to be conscious for a minimum of 10 seconds after impact. Moreover,
• 37:21
  Speaker 1: the length of the inmate's consciousness and therefore the ability
• 37:24
  Speaker 1: to sense pain could even be extended if the ammunition
• 37:28
  Speaker 1: does not fully incapacitate the heart. During this time, he
• 37:32
  Speaker 1: will feel excruciating pain resulting from the gunshot wounds and
• 37:35
  Speaker 1: broken bones. This pain will be exasperated by the movement
• 37:39
  Speaker 1: he makes, such as flinching or breathing. This constitutes torture,
• 37:44
  Speaker 1: a possibly lingering death and pain beyond that necessary for
• 37:47
  Speaker 1: the mere extinguishment of death, making the punishment cruel. The
• 37:52
  Speaker 1: Supreme Court of South Carolina has now found that the
• 37:54
  Speaker 1: firing squad is neither cruel nor unusual. It does so
• 37:58
  Speaker 1: by separating the horrors of what it is contemplating from
• 38:02
  Speaker 1: what it calls the critical question, or as they put it,
• 38:06
  Speaker 1: our definition of cruel does not call upon us to
• 38:09
  Speaker 1: analyze what the death chamber looks like after the execution
• 38:12
  Speaker 1: has been carried out. There is no consideration in our
• 38:16
  Speaker 1: analysis of whether a method of execution is cruel of
• 38:19
  Speaker 1: the dramatic imagery set forth in the Chief Justice dissent,
• 38:23
  Speaker 1: the circuit court's order, or the inmate's brief, such as
• 38:27
  Speaker 1: blood soaked in the inmate's clothing, spattered on the walls
• 38:30
  Speaker 1: and pooling on the floor, or other physical violence to
• 38:33
  Speaker 1: the body that occurs simultaneous with or subsequent to the
• 38:37
  Speaker 1: cessation of pain. While each of these might have been
• 38:40
  Speaker 1: political concerns addressed by our Attorney General and General Assembly,
• 38:44
  Speaker 1: They are not constitutional concerns. Our definition of cruel defines
• 38:49
  Speaker 1: the critical question and requires us to focus on the
• 38:52
  Speaker 1: risk of unnecessary and excessive conscious pain, having thus turned
• 38:56
  Speaker 1: death into a sort of parlor game. Guess at how
• 39:00
  Speaker 1: much pain one might experience after being shot in the heart.
• 39:03
  Speaker 1: The court finds it is not convinced it sounds all
• 39:06
  Speaker 1: that bad and thus cannot qualify as cruel. The only
• 39:09
  Speaker 1: authority it relies upon are the various statements of liberal
• 39:12
  Speaker 1: justices and judges. dissenting in various cases. Given that any
• 39:17
  Speaker 1: person chosen at random from the street can probably name
• 39:20
  Speaker 1: a few pleasant ways to die than being tied up, bagged,
• 39:23
  Speaker 1: and shot, it's hard to see this opinion as anything
• 39:25
  Speaker 1: more than a political stunt. In any case, the court's
• 39:29
  Speaker 1: eventual decision to decide it is not unusual, despite the
• 39:32
  Speaker 1: fact that almost no one uses the firing squad except
• 39:35
  Speaker 1: when chosen by the condemned, to uphold its use in
• 39:39
  Speaker 1: South Carolina, where the law only permits its use of
• 39:42
  Speaker 1: chosen by the condemned, makes this opinion of no use
• 39:45
  Speaker 1: to the state of Idaho. Idaho's statute authorizing the firing
• 39:49
  Speaker 1: squad as punishment is excessive because death by firing squad
• 39:54
  Speaker 1: subjects the human being killed to unnecessary physical pain. Even
• 39:58
  Speaker 1: in the best circumstances, meaning accurate shots fired and hitting
• 40:02
  Speaker 1: the intended target area, death is not immediate. Awareness continues
• 40:06
  Speaker 1: and pain exists. Counsel for Mr. Koberger has attached the article,
• 40:11
  Speaker 1: The Possible Pain Experienced During Execution by Different Methods by
• 40:15
  Speaker 1: Harold Hillman. Idaho's death penalty statute only permits unconstitutional or
• 40:21
  Speaker 1: unavailable methods of death under the United States and Idaho constitutions,
• 40:26
  Speaker 1: and this court should declare Section 18-4004A and 19-2515 unconstitutional
• 40:29
  Speaker 1: and strike the state's notice of intent. to seek the
• 40:37
  Speaker 1: death penalty. There is no humane reason to place Mr.
• 40:41
  Speaker 1: Kohlberger into solitary, as described in his motion to strike
• 40:44
  Speaker 1: state's notice of intent to seek death penalty on grounds
• 40:47
  Speaker 1: of international law, with a promise to kill him just
• 40:50
  Speaker 1: as soon as the people of Idaho can figure out
• 40:53
  Speaker 1: a way that is available, humane, and does not cause
• 40:56
  Speaker 1: a circus outside the prison. Conclusion Based upon the foregoing
• 41:01
  Speaker 1: and argument to be presented at the hearing hereon, this
• 41:04
  Speaker 1: court is respectfully requested to to grant this motion that, A,
• 41:08
  Speaker 1: the state's notice of intent to seek death penalty be struck, B,
• 41:11
  Speaker 1: the court seat a jury which is not death qualified, C,
• 41:15
  Speaker 1: the court preclude the admission of any evidence of aggravating
• 41:19
  Speaker 1: circumstances during the trial of this case, and D, the
• 41:23
  Speaker 1: court not instruct the jury on any aggravated punishment. This
• 41:28
  Speaker 1: was dated October 24th of 2024 and it was signed
• 41:32
  Speaker 1: by Jay Logsdon. All of the information that goes with
• 41:35
  Speaker 1: this episode can be found in the description box.