What to know about the death penalty in Idaho after Chad Daybell's death sentence

Chad Daybell was sentenced to death for the murders of his wife and two of his second wife's children this weekend, but the question of when and if he will be executed remains wide open.

It's common for appeals in capital cases to take years, and they often reach the U.S. Supreme Court before an inmate is finally put to death. In Idaho, the imposition of a death sentence is followed by mandatory post-conviction monitoring, and defendants may appeal after a death warrant is filed.

Meanwhile, the high-profile nature of the Daybell case — and the impending trial of Bryan Kohberger, who has pleaded not guilty to the murders of four University of Idaho students — will bring renewed attention to the death penalty in Idaho, which is rarely used. and made headlines earlier this year when authorities stopped their first execution attempt in more than a decade.

Here's what you need to know about the death penalty in Idaho.

Executions are rare

Executions are relatively rare in Idaho, which, according to the Death Penalty Information Center, has carried out only three executions since 1976, when the U.S. Supreme Court reinstated capital punishment. The first dates back to 1994, followed by two others in 2011 and 2012.

To put that in context, Texas put 580 inmates to death during this period, according to DPIC data – by far the most of any state. And Oklahoma, which carried out the most executions per capita, carried out 124.

Only a handful of the 27 states where the death penalty remains legal have carried out as few executions as Idaho: Kentucky, Montana and Pennsylvania have also each put three people to death since 1976. Kansas, Wyoming and Oregon executed even fewer, with zero. , one and two runs, respectively.

Additionally, Idaho's Death Row housed only eight inmates before Daybell's conviction, according to the Idaho Department of Corrections. California – which, it should be noted, has a population more than 21 times that of Idaho – has 638 convicts, almost 80 times the size of Idaho's death row.

Authorities recently halted an execution

Several months ago, Idaho officials attempted to carry out the state's first execution in 12 years. But they were forced to abort mid-procedure, citing difficulties in setting up an intravenous line to administer the deadly drugs for lethal injection.

This echoes difficulties seen with executions in other states, including Alabama. Similarly, authorities had to cancel two executions in 2022 after authorities were unable to access the inmates' veins before their death warrants expired.

Thomas Creech's execution, scheduled in Idaho for Feb. 28, could not proceed after eight failed attempts to establish IV access, state Department of Corrections Director Josh said at the time Tewalt. The execution team encountered two different problems, Tewalt said at a news conference: in some cases it was an “access problem” and in others it was a ” vein quality problem.”

Tewalt praised the medical team's willingness to halt the execution, telling reporters that “the state's first goal is to carry out this execution with dignity, professionalism and respect,” and he disputed the suggestion that the execution was a “failure”. The department said in a statement that Creech's term will expire while the state considers next steps.

2 execution methods, both with challenges

The decision to overturn Creech's execution also raised questions about when and how the state would seek to put an inmate to death in the future.

Tewalt told reporters that a second attempt using lethal injection — Idaho's primary execution method — would force the state to research new chemicals.

Although he expressed “a high level of confidence” in the state's ability to obtain these drugs, a number of states have struggled in recent years to obtain them after pharmaceutical companies began banning them. the use of their products for this purpose. Ohio Governor Mike DeWine, for example, has repeatedly postponed executions, citing companies' refusal to sell the necessary drugs.

Idaho recently legalized a second method of execution, in an effort to avoid this type of supply problem. Last year, Gov. Brad Little signed a new law allowing the Department of Corrections to use the firing squad if drugs are not available.

But as of late February, the state did not have the facilities to carry out an execution by firing squad, Tewalt said. In a message to prison staff, the warden said his department was working to upgrade its execution chamber to accommodate the alternative method.

“These initial efforts failed because contractors who wanted to engage in this type of work expressed reluctance to work on a project related to executions,” Tewalt said, “but the efforts continue.”

The director added that building the execution chamber would prevent the state from being able to use it — even for lethal injections — until the work is completed.

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