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Bryan Kohberger’s lawyers ask judge to ban death penalty in Idaho murders case; victim’s mother says “he deserves to die”
Attorneys for a man charged in the stabbing deaths of four University of Idaho students asked a judge to take the death penalty off the table Thursday, arguing that international, federal and state law all make it inappropriate for the case. But a victim’s mother who attended the hearing said the suspect “deserves to die.”
Bryan Kohberger is accused of the Nov. 13, 2022, killings of Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves. Investigators said they were able to link Kohberger – then a graduate student at nearby Washington State University – to the crime from DNA found on a knife sheath at the scene, surveillance videos and cellphone data.
When asked to enter a plea last year, Kohberger stood silent, prompting a judge to enter a not guilty plea on his behalf. Prosecutors have said they will seek the death penalty if he is convicted. In September, Kohberger was booked into jail in Boise, where his trial was moved the week before.
During a pre-trial motion hearing, Kohberger’s defense team made a broad range of arguments against the death penalty, saying in part that it does not fit today’s standards of decency, that it is cruel to make condemned inmates sit for decades on death row awaiting execution and that it violates an international treaty prohibiting the torture of prisoners.
But 4th District Judge Stephen Hippler questioned many of those claims, saying that the international treaty they referenced was focused on ensuring that prisoners are given due process so they are not convicted and executed without a fair trial.
Prosecutors noted that the Idaho Supreme Court has already considered many of those arguments in other capital cases and allowed the death penalty to stand.
Still, by bringing up the issues during the motion hearing, Kohberger’s defense team took the first step toward preserving their legal arguments in the court record, potentially allowing them to raise them again on appeal.
The judge said he would issue a written ruling on the motions later.
Victim’s parents attend hearing
Kristi and Steve Goncalves, the parents of Kaylee Goncalves, attended the hearing. Afterward they said the details of the case show the death penalty is merited.
“You’ve got four victims, all in one house – that’s more than enough,” Steve Goncalves said.
Kristi Goncalves said she talked to the coroner and knows what happened to her daughter.
“If he did anything like he did to our daughter to the others, then he deserves to die,” she said.
Steve Goncalves told “48 Hours” last year that “there’s evidence to show that she awakened and tried to get out of that situation,” saying “she was trapped” based on the way the bed was set up.
Kohberger’s attorneys have said he was out for a drive the night of the killings, something he often did to look at the sky.
His trial is scheduled to begin next August and is expected to last up to three months. The Goncalves family said they have rented a home in Boise so they can attend.
Goncalves’ family said in the spring that they were frustrated by how long it has taken the case to progress through the judicial system.
“This case is turning into a hamster wheel of motions, hearings, and delayed decisions,” the family said in a statement.
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Police-style handcuffs on Texas murder victim made investigators fear the killer was among them
On Jan. 14, 1995, Mary Catherine Edwards, 31, a beloved elementary school teacher, was found dead in her townhouse in Beaumont, Texas.
Her parents found her. It was a terrible scene: she was in her bathtub, handcuffed, and had been sexually assaulted. There were no signs of forced entry, which made investigators think she must know her killer. The police-grade Smith & Wesson handcuffs were always a big clue, but when detectives tried tracing the serial numbers, they came up empty. Early investigators questioned various law enforcement officers and came up with nothing either.
The case went cold, but as Beaumont police Det. Aaron Lewallen told “48 Hours” contributor Natalie Morales, “It was almost talked about like a ghost story around a campfire. Could it have been somebody that we knew?” Morales reports on the search for answers in “Tracking the Killer of Mary Catherine Edwards,” airing Saturday, Nov. 9 at 10/9c on CBS and streaming on Paramount +.
Thanks to carefully preserved DNA from the crime scene and the advent of genetic genealogy, Det. Aaron Lewallen, his wife Tina Lewallen, also a detective — along with Brandon Bess, a Texas Ranger in the cold case division, and Shera LaPoint, a professional genealogist — spent almost three months working together in a nonstop push to finally solve the case.
After all the early leads and the suspicion that someone in law enforcement had been involved, the family tree they constructed revealed someone else. Their chief suspect turned out to be not a law enforcement officer, but a man who went to the same high school as Edwards: Clayton Foreman.
And then they learned that Edwards and her identical twin sister Allison had been bridesmaids in Foreman’s first wedding. The sisters were good friends with his first wife, Dianna Coe, who also went to the same high school.
Coe remembers them fondly, telling Morales how kind they were to her when she moved to a new town and started a new school.
“I was new to the area … so, I knew no one. And they … just started talking to me and asked me my name … and we were friends from that point forward,” Coe said.
The sisters were the first people Coe thought of to be bridesmaids at her wedding. She and Foreman stayed married for 11 years. They were divorced by the time of the murder, but in hindsight, Coe began to see things in a different, darker, light. She remembered her ex-husband’s fascination with the police officers and their tools of the trade, like handcuffs and billy clubs. As Coe told Morales, “He had a billy club that he kept…by the bed. You know, said it was for protection. And I remember that he had ordered those handcuffs…Well, he had them hung over the rearview mirror.”
Coe also remembered a disturbing conversation with her ex-husband when she heard Edwards had been murdered and called to talk about it.
“I think I was, you know, crying and I said, ‘oh, my God,’ I said, ‘somebody has murdered Catherine,” Coe told “48 Hours.” “And — and he goes, ‘Oh, really?’ Just like no emotion, which I thought that was odd.”
A DNA match quickly established that Foreman had indeed been at the crime scene. And when Det. Aaron Lewallen and Ranger Bess went to question Foreman, they had an arrest warrant. They also brought something with them — something very symbolic.
Together, they had taken the time to work out an arrangement with the prosecutors so they could use the handcuffs taken as evidence at the crime scene. When they arrested Foreman for the murder of Edwards, they did so with the very handcuffs that had bound her the night she died. He wasn’t one of them, but in the course of the investigation, they learned Foreman had been falsely claiming to be a police officer.
The handcuffs — such a focus in the beginning — came full circle at the end. Bess will never forget how it felt. As he told Morales, “It’s a moment I’ll never forget…you feel like you got to do something for Catherine there…You know, like physically got to do for her, is take those cuffs that bound her when she was murdered and put them back on the guy that murdered her…It may seem small to some, but it was a really big deal to us, and it felt good.”
The jury in Foreman’s murder trial deliberated for less than an hour before finding him guilty of the murder of Edwards. Foreman was sentenced to life in prison.