Kohberger defense may file to strike death penalty based on autism

The defense team for a man accused of killing four University of Idaho students in 2022 might ask a judge to take the death penalty off the table because of autism, court records show.

A “Motion to Strike the Death Penalty Re: Autism Spectrum Disorder” was filed Monday by Bryan Kohberger’s defense team.

Kohberger is charged with four counts of first-degree murder; he faces the death penalty if convicted by a jury.

According to the U.S. Centers for Disease Control and Prevention, Autism Spectrum Disorder is a “developmental disability caused by differences in the brain,” and can consist of behavior and communication that are different than in most people.

The motion itself was not publicly available, but will likely be online in the coming days, according to an Idaho courts spokesperson. Because the motion is sealed, it’s unclear whether Kohberger has been diagnosed with the disorder or his team is pursuing a diagnosis.

Kohberger’s team of attorneys has attempted to strike the death penalty as an option if he’s found guilty, arguing the aggravating factors are “unconstitutionally vague” and Idaho doesn’t provide much guidance on a “lesser penalty” that doesn’t include death.

Ada County Judge Steven Hippler ruled in November Kohberger could face the death penalty anyway.

Among the motions filed Monday include one “not to mention the 2014 cellphone incident” that is sealed, and a motion that accuses state prosecutors of violating disclosure requirements, which they have asserted multiple times before.

Kohberger’s trial is set for this summer.