Reply to Objection to Motion to Strike

Electronically Filed
10/24/2024 2:12 PM

Fourth Judicial District, Ada County Anne Taylor Law, PLLC Trent Tripple, Clerk of the Court Anne C. Taylor, Attorney at Law By: Jennifer Keyes, Deputy Clerk PO Box 2347 Coeur d'Alene, Idaho 83816
Phone: (208) 512-9611 iCourt Email: info@annetaylorlaw.com Jay W. Logsdon, First District Public Defender Idaho State Public Defender 1450 Northwest Blvd.

Coeur d'Alene, Idaho 83814
Phone: (208) 605-4575 Elisa G. Massoth, PLLC Attorney at Law P.O. Box 1003 Payette, Idaho 83661
Phone: (208) 642-3797; Fax: (208)642-3799 Assigned Attorney:
Anne C. Taylor, Attorney at Law, Bar Number: 5836 Jay W. Logsdon, First District Public Defender, Bar Number: 8759 Elisa G. Massoth, Attorney at Law, Bar Number: 5647
IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE STATE
OF IDAHO, IN AND FOR THE COUNTY OF ADA

STATE OF IDAHO CASE NUMBER CR01-24-31665

Plaintiff,
REPLY TO STATE'S OBJECTION ΤΟ

V. DEFENDANT'S MOTION TO STRIKE

NOTICE OF INTENT TO SEEK DEATH

BRYAN C. KOHBERGER, PENALTY ON GROUNDS OF

INTERNATIONAL LAW

Defendant.

COMES NOW, Bryan C. Kohberger by and through his attorneys of record, and hereby submits the following Reply to the State's Objection to his previously filed Motion to Strike State's Notice Pursuant to Idaho Code § 19-4004A on the grounds that Idaho's death penalty scheme violates its obligations under international treaties.

REPLY TO STATE'S OBJECTION TO DEFENDANT'S MOTION TO STRIKE

NOTICE OF INTENT TO SEEK DEATH PENALTY ON GROUNDS OF

INTERNATIONAL LAW Page 1

The State argues that the language of the International Covenant on Civil and Political Rights (ICCPR) does not prohibit capital punishment. The ICCPR, ratified in 1966 is only the first instrument is a series addressing this matter. The Second Optional Protocol, signed 20 years later, specifically aims at the abolition of the death penalty, declaring “ that abolition of the death penalty contributes to enhancement of human dignity and progressive development of human rights.... " Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, Adopted and proclaimed by General Assembly resolution 44/128 of 15 December 1989. The Protocol specifically provides that “ No one within the jurisdiction of a State Party to the present Protocol shall be executed. ” Id., at Article 6. The series of instruments make clear that the international community and international law has evolved and that the death penalty violates the mores and standards expected of modern society.

The State asserts that Idaho courts are not bound by the ICCPR because it was ratified subject to a reservation on the issue of capital punishment. The State notes that when the Senate ratified the ICCPR, it reserved the right to impose capital punishment subject to its Constitutional constraints. In the next very next subsection, the Senate states: “ The United States considers itself bound by Article 7 to the extent that “ cruel, inhuman or degrading treatment or punishment " means the cruel and unusual treatment or punishment prohibited by the Fifth, Eighth and / or Fourteenth Amendments to the Constitution of the United States. 138 Cong. Reg.

S4781-01 (daily ed., April 2, 1992). Because of the improprieties of the capital sentencing process, the conditions under which the condemned are incarcerated and the excessive delays between sentencing and execution under the Idaho death penalty system, the implementation of the death penalty in Idaho constitutes “ cruel, inhuman or degrading treatment or punishment " in violation of Article 7 of the ICCPR.

REPLY TO STATE'S OBJECTION TO DEFENDANT'S MOTION TO STRIKE

NOTICE OF INTENT TO SEEK DEATH PENALTY ON GROUNDS OF

INTERNATIONAL LAW Page 2

When international human rights norms are applied, it is clear that Idaho's death penalty scheme violates international law. It violates the mores and standards expected of modern, evolving society. Idaho's death penalty scheme on its face and as applied in Mr. Kohberger's case violates international treaties including the ICCPR. Further, it is a clear violation of the fundamental percepts of international human rights.

DATED this 24 day of October, 2024.

Jay Jossder
BY:

JAY W. LOGSDON

FIRST DISTRICT PUBLIC DEFENDER

CERTIFICATE OF DELIVERY

I hereby certify that a true and correct copy of the foregoing was personally served by placing a copy of the same as indicated below on the 24 day of October, 2024, addressed to:
Latah County Prosecuting Attorney –via Email: paservice@latahcountyid.gov Elisa Massoth – via Email: legalassistant@kmrs.net Jay Logsdon – via Email: Jay.Logsdon@spd.idaho.gov Ingrid Batey – via Email: ingrid.batey@ag.idaho.gov Jeff Nye – via Email: jeff.nye@ag.idaho.gov Dul
REPLY TO STATE'S OBJECTION TO DEFENDANT'S MOTION TO STRIKE

NOTICE OF INTENT TO SEEK DEATH PENALTY ON GROUNDS OF

INTERNATIONAL LAW Page 3