His attorneys say Bryan Kohberger has autism and diagnosis should remove death penalty
They argued “exposes him to the unacceptable risk”
In Bryan Kohberger’s latest attempt to avoid the death penalty, his attorneys confirmed in a new court filing that the 30-year-old has autism — which they argued “exposes him to the unacceptable risk” that he’ll be wrongfully convicted of murder and sentenced to death.
In a 28-page motion unsealed late Tuesday, lead attorney Anne Taylor argued that sentencing Kohberger — charged with four counts of first-degree murder — to death if he is found guilty would violate his Eighth Amendment right to be free from excessive punishment because of his autism spectrum disorder diagnosis.
“In this case, where jurors will be forced to determine whether Mr. Kohberger will live or die, Mr. Kohberger himself is essentially a piece of evidence to be examined and evaluated; every movement and expression is subject to analysis,” Taylor wrote in the filing.
Kohberger can’t conduct himself in a manner that aligns with “societal expectations of normalcy,” Taylor said, adding that there is an “unconscionable risk” he’ll be executed because of his neurological disorder rather than his culpability.
Kohberger is accused of killing four University of Idaho students in an off-campus home in Moscow. The students were: Madison Mogen, 21, of Coeur d’Alene; Kaylee Goncalves, 21, of Rathdrum; Xana Kernodle, 20, of Post Falls; and Ethan Chapin, 20, of Mount Vernon, Wash.
