Bryan Kohberger will face the death penalty if jurors can agree the crime was 'heinous,' Attorney says

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Bryan Kohberger's defense likely to 'raise collateral issues': Attorney Paul Mauro

Former NYPD inspector Paul Mauro weighs in on the case involving University of Idaho murders suspect Bryan Kohberger on 'Sunday Night in America.'

Former NYPD inspector Paul Mauro joined "Sunday Night in America" host Trey Gowdy to discuss Idaho state prosecutors seeking the death penalty in the case against University of Idaho murders suspect Bryan Kohberger. "The crime certainly rises to the level of a capital case," Gowdy said. 

Last week, prosecutors filed documents informing the court of their intent to seek capital punishment for the alleged murders of University of Idaho students Madison Mogen, Kaylee Goncalves, Xana Kernodle, and Ethan Chapin, in the 4 a.m. quadruple stabbing on Nov. 13, 2022. Kohberger faces four counts of first-degree murder and one count of burglary.

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Gowdy raised the question of whether "seeking the death penalty makes it harder or easier for prosecutors to get a conviction."

Bryan Kohberger enters the courtroom, looking at defense attorney Anne Taylor, for his arraignment hearing in Latah County District Court, Monday, May 22, 2023, in Moscow, Idaho. (Zach Wilkinson/Pool via REUTERS)

"In Idaho, there is this standard that there are a number of things that you can hit that make it a capital case. One of them is the crime being particularly heinous," Mauro said. "We do have to recognize that, in Idaho, it'll be a separate proceeding to impose the death penalty, and it'll be the jury that actually engages in that proceeding."

Mauro argued that in a case as ‘psychopathic’ and ‘horrific’ as this one, jurors are going to be okay with imposing death.

Gowdy highlighted that the defense has claimed the presence of DNA from others at the crime scene, indicating no connection between the victims and the defendant. When asked about how he felt over the defense's efforts, Mauro claimed that the defense is probably on a "fishing expedition." He pointed out, "At one point the defense says to the judge, 'Your honor, this is not a fishing expedition.' When a defense attorney says directly to the judge, 'This is not a fishing expedition,' you can be pretty sure that it's a fishing expedition."

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Referring to reports, Mauro further stated that the odds of the DNA found on a knife sheath in the bed with two of the victims and that from Kohberger's cheek swab matching anyone else's were "octillion-to-one." He emphasized that these odds are "more than the grains of sand on planet Earth," suggesting that the defense is "looking for some way to raise collateral issues," such as putting the cops on trial or highlighting unidentified DNA.

University of Idaho students from left to right: Ethan Chapin, 20; Xana Kernodle, 20; Madison Mogen, 21; and Kaylee Goncalves, 21. All four were stabbed to death in an off-campus rental home in Moscow, Idaho, on Nov. 13, 2022. (Jazzmin Kernodle via AP/Instagram/ @kayleegoncalves)

"They're casting around for something that they can latch onto to take the narrative off the table relative to their defendant," Mauro added.

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The trial is scheduled to begin on Oct. 2, 2023.

Fox News' Michael Ruiz and Julia Musto contributed to this report.