Judge rules death penalty to remain as possible punishment amid Bryan Kohberger autism diagnosis

A judge ruled on Thursday that prosecutors could seek the death penalty against Bryan Kohberger if he is found guilty of the 2022 slaying of four University of Idaho students.

Judge Steven Hippler’s decision comes after Kohberger’s attorneys asked the court to bar the sentence due to his autism diagnosis.

Prosecutors previously indicated in court filings that they intended to seek the death penalty if a conviction is secured.

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Defense attorneys in court documents argued Kohberger’s autism spectrum disorder (ASD) “reduces his culpability, negates the retributive and deterrent purposes of capital punishment, and exposes him to the unacceptable risk that he will be wrongfully convicted and sentenced to death,” according to a report from the Associated Press.

They added it could be considered cruel and unusual punishment, which is outlawed in the Eighth Amendment to the U.S. Constitution.

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Hippler said Kohberger’s attorneys failed to show that ASD is equivalent to an intellectual disability for death penalty exemption purposes, and there is no national consensus against subjecting individuals with ASD to capital punishment, the AP reported. 

“ASD may be mitigating factor to be weighed against the aggravating factors in determining if defendant should receive the death penalty, but it is not (a) death-penalty disqualified,” Hippler said.

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The 30-year-old is charged with four counts of first-degree murder in the deaths of Madison Mogen, 21; Kaylee Goncalves, 21; Xana Kernodle, 20; and Ethan Chapin, 20, who were stabbed to death at an off-campus home in Moscow, Idaho, at about 4 a.m. on Nov. 13, 2022.

Authorities have noted suspicious behavior, like Kohberger allegedly turning off his phone before driving home, and changing his license plates days following the killings.

However, authorities claim to have a key piece of evidence — Kohberger’s DNA on a Ka-Bar knife sheath found under Mogen’s body.

The former criminology Ph.D. student is also charged with felony burglary, Fox News Digital previously reported.

A judge entered his not-guilty pleas in May 2023, though the trial is not expected to begin until Aug. 11.

Fox News Digital’s Michael Ruiz and the Associated Press contributed to this report.