This is murder in the morning with Tony Bruske and Stacey Cole.

A judge just handed Brian Coburger another courtroom loss, and this one might sting the most.

For the 13th time, the defense team has tried the death penalty or try to get the death penalty off the table.

And for the 13th time the court

was not having it it's all ties back you realize that it's been 13 tries did you realize the number

was that high i didn't i no i didn't i mean i remember we've reported this a thousand times but so i'm

always like is this again is this didn't we just did this story and times whatsoever. I'm always like, is this again?

Is this, didn't we just do this story?

And it's like, no, it's another one.

Yeah.

But this all ties back, of course, to the brutal murders of four University of Idaho

students in November 22.

Kaylee Gonzalez, Madison Bogan, Zana Kurnodal, and Ethan Chapin.

Koberger, a Ph.D. student in criminology.

Living just across the state line in Washington was arrested six weeks later in charge with the

killings.

Prosecutors are seeking the death penalty.

And Idaho, by the way, is now the only state where a firing squad is legally on deck. So far, Koberger's team has

pulled every lever they can to try to find some way to dodge that outcome. This latest motion

claimed that prosecutors had delayed handing over key evidence. Koberger's lawyers asked the judge

to impose sanctions on the state, specifically to strike the death penalty from the case entirely.

Judge Stephen Himpler responded with what could only be described as a professional eye roll.

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