MONROE COUNTY, Pa. — Bryan Kohberger's home state hasn't executed anyone since 1999 and may never again if the governor gets his way.
Still, Luzerne County Assistant District Attorney Jarrett Ferentino has sought the death penalty against some of our area's most notorious criminals.
"In the murder prosecution business, we say there's murder and then there's capital murder. That's not just a play on words; legally that has significance," Ferentino said.
Ferentino says prosecutors in Idaho had a lot to consider before deciding to make Bryan Kohberger's case a capital one. He says the families of the four victims likely agreed to it.
"I've had cases where I'll sit down with the family and they'll say, 'Spare this person's life.' And that weighs heavily. They're not the chief decision maker in that decision. The prosecution will discuss the implementation of the death penalty with the investigators, with the rest of their team, and that all factors into a cocktail that really makes the decision for them."
Idaho still allows capital punishment, and the state last executed a defendant in 2012.
Ferentino says Kohberger has more rights now when it comes to appeals so he says prosecutors will likely turn over the evidence Kohberger and his defense team are asking for.
"His life hangs in the balance. If he's convicted and gets the death penalty, and they didn't turn that information over, an appeals court can say, 'Hey, Mr. Kohberger wasn't given a full and fair opportunity to take apart the DNA evidence against him.' So, you air on the side of caution and you provide that information."
And no matter what the Idaho judge decides about Kohberger's request for a stay of proceedings, the process to prosecute him will slow down significantly.
"When the life of the defendant is on the line, things change," Ferentino added.
