Information on Idaho's death penalty following Chad Daybell's sentencing to death
Typically, the appeals process in capital cases can last for multiple years and may even reach the US Supreme Court prior to the inmate's execution. In Idaho, after receiving a death sentence, there's a mandatory post-conviction review, and inmates can file an appeal before a death warrant is executed.
With the high-profile nature of Daybell's case alongside the upcoming capital trial of Bryan Kohberger, who denied any involvement in the murders of four University of Idaho students, there will be increased focus on Idaho's death penalty. This penalty is rarely used and gained substantial attention earlier this year when officials canceled their first execution attempt in over a decade.
Here's what you need to know about Idaho's death penalty:
Rare Executions
Idaho's executions are uncommon, with the Death Penalty Information Center reporting that the state has only conducted three executions since 1976, when the US Supreme Court reinstated capital punishment. These executions occurred in 1994, 2011, and 2012.
This is significantly lower than other states, like Texas, which has executed 580 inmates within this timeframe. Oklahoma, which has the highest number of executions per capita, has carried out 124.
Moreover, only a few of the 27 states that still employ the death penalty have executed as few inmates as Idaho: Kentucky, Montana, and Pennsylvania have each sentenced three people to death since 1976. Kansas, Wyoming, and Oregon have executed fewer, with zero, one, and two executions, respectively.
Aside from that, prior to Daybell's sentence, Idaho had only eight residents on death row, based on the Idaho Department of Corrections. In contrast, California, which has a population 21 times larger than Idaho, has 638 condemned individuals, more than 80 times the size of Idaho's death row.
Aborted Execution
Idaho attempted to perform its first execution in 12 years several months ago, but due to issues related to establishing an intravenous line for lethal injection, the procedure was called off.
This mirror's concerns seen in Alabama, where officials canceled two executions in 2022 as they couldn't access the inmates' veins before the death warrants expired.
The execution of Thomas Creech, originally scheduled for February 28, was halted after eight unsuccessful attempts to set up an IV line, according to State Director of Corrections Josh Tewalt. Tewalt mentioned two issues they encountered: in some instances, it was an "access issue," while in others, it was a "vein quality issue."
The director praised the medical team's decision to halt the execution, stating that Idaho's "first objective is to carry this out with dignity, professionalism and respect" and dismissing the suggestion that the execution was a "failure." The department stated that Creech's warrant would expire while they considered their next steps.
Two Execution Methods with Issues
The cancellation of Creech's execution also raised concerns about how and when Idaho might attempt to put an inmate to death in the future.
Tewalt suggested that a second attempt using lethal injection, Idaho's primary method of execution, would demand the state to source new chemicals.
Although Tewalt had "a high level of confidence" the state could acquire the drugs, numerous states have faced challenges in securing them due to pharmaceutical companies' refusal to supply their products for such purposes. Ohio Governor Mike DeWine, for instance, has postponed executions several times over this issue.
Idaho recently legalized a second method of execution, with the intention of overcoming these supply problems. Last year, Governor Brad Little authorized the Department of Corrections to use a firing squad if lethal injection chemicals were unavailable.
However, as of late February, the state lacked the facilities needed to perform an execution by firing squad, Tewalt said. In a letter to corrections staff, the director revealed that his department had been attempting to modify their execution chamber to accommodate this alternative method.
"Those initial efforts were unsuccessful because contractors who would engage in this type of work have expressed their reluctance to work on a project related to executions," Tewalt stated. "But efforts are ongoing."
The director added that the construction work on the execution chamber would prevent the state from being able to use it (even for lethal injection) until the project is complete.
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After receiving the death sentence, US authorities must go through a mandatory post-conviction review in Idaho before executing the death warrant. Despite the low number of executions, Idaho is one of the few states in the US that rarely uses the death penalty.
