If the jury convicts Kohberger, jurors must unanimously find at least one aggravating factor to sentence him to death, which could include that more than one murder occurred in the incident and/or the murders were committed in the midst of another crime. Kohberger faces four counts of first-degree murder and one count of felony burglary.

Bill failed to advance after testimony

Taylor, an Idaho native and alum of the U of I law school, drew scrutiny last year after the Idaho Statesman reported that she was actively representing a parent to one of the student victims when she was appointed to represent Kohberger.

Taylor quickly conflicted out of representing that victim’s family member and argued any potential ethical issues were resolved during a closed-door court hearing held on the matter a month after she was assigned to Kohberger’s case. At that hearing, Kohberger endorsed keeping Taylor on as his lead public defender.

Following testimony last week from Taylor and four other state public defenders, the Republican-heavy Senate committee voted the bill down, stopping its advance to a full Senate vote. Florida adopted a similar law last year and it could face potential legal challenges over its constitutionality based on decades of U.S. Supreme Court precedent.

Skaug, a former Ada County deputy prosecutor, told the Statesman in a text message that he would consider amending the bill and trying to pass it again next legislative session.

By April 17, Kohberger must file his alibi defense if his attorneys plan to argue such a defense. The attorneys must also file their legal briefs by that same time asking for a change of venue for trial outside of Latah County. A trial date has yet to be set.

Kohberger is next scheduled to appear in court for a pretrial hearing on the change of venue request on May 14.

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