(NewsNation) — Bryan Kohberger, who was convicted in the murders of four Idaho college students, argued through an attorney Wednesday that victims’ urns are not expenses he should pay out as restitution under his plea agreement.
Elisa Massoth, who represents Kohberger, pushed back against the prosecutor’s request that Kohberger pay about $3,000 for the urns that carried the cremated remains of the victims.
“We are arguing that he does not have an ability to pay,” she said.
But Judge Steven Hippler did not appear to buy the argument and instead implied that Kohberger was attempting to dodge what he agreed to.
“You took advantage of the plea agreement to get the benefit of the bargain regarding the state’s dropping of the death penalty, why should you not be held to the plea agreement to pay the victims the cost of interning their children?” He asked.
The judge noted that Kohberger had a history of receiving “five figures ” during his incarceration. “Doesn’t that give the court some history to suggest that such contributions from whatever source may continue into the future?”
Massoth said the money had come from his family so he could communicate with them and that any future payments would be “speculative.”
Hippler said he would issue a decision on the restitution matter at a future date.
Under the terms of his plea deal, Kohberger had been ordered to pay over $250,000 in criminal fines and fees to the state, a $20,000 civil judgment for each of the families, and nearly $29,000 through the Idaho Crime Victim Compensation Fund.
Kohberger was convicted for the murders of Kaylee Goncalves, Madison Mogen, Ethan Chapin and Xana Kernodle at the University of Idaho in 2022. He has been sentenced to life in prison without the possibility of parole.
What is restitution in criminal trials?
Restitution is the recovery of an economic loss suffered as a result of the commission of a crime and is often part of the post-conviction process.
Idaho law states that a judge should order a “defendant found guilty of any crime which results in an economic loss to the victim to make restitution to the victim.”
Kohberger has been receiving money from ‘third party’ supporters
Prosecutors had said Kohberger was receiving money while serving his life prison sentence, and that money should go towards fulfilling his obligations to pay the families of Kaylee Goncalves, Ethan Chapin, Madison Mogen and Xana Kernodle.
Compensation being sent to Kohberger has come from family and unnamed “third party” supporters, according to prosecutors.
He is barred by law from profiting off the murders through books, movies or other deals. But that wouldn’t stop a family member from making money and then sending Kohberger a share, Hippler noted during the hearing Wednesday.
The state of Idaho recently filed a motion stating it has a summary of the financial contributions made to Kohberger while he was staying at the Ada County Jail and the Latah County Jail. That summary and list of contributors remain sealed from the public.
NewsNation’s Rob Taub and Brian Entin contributed to this story.