Kohberger Defense Team Handed Massive Defeat: Judge Rules Autism Won’t Save Him from Potential Death Penalty |

Legal Battle Surrounding Idaho Murder Case Continues

The man at the center of a harrowing murder case involving four university students in 2022, Bryan Kohberger, may still face the ultimate consequence: death. His defense team, citing a clinical neuropsychologist’s assessment that he is on the autism spectrum, is pressing District Judge Steven Hippler to dismiss the death penalty as a potential punishment if Kohberger is found guilty, according to the Associated Press.

After multiple attempts to eliminate the death penalty from the equation, this may be the defense’s final shot, as highlighted by the Idaho Statesman.

Judge rules prosecutors can seek death penalty against Bryan Kohberger if convicted of Idaho student murders — despite autism diagnosis https://t.co/xSKl4rCJqa pic.twitter.com/WKvc8PvT7T

— New York Post (@nypost) April 25, 2025

Diagnosed with “Autism Spectrum Disorder, level 1, without accompanying intellectual or language impairment,” Kohberger’s attorneys argue that this condition should exempt him from the death penalty under the Eighth Amendment, which guards against “cruel and unusual punishment.” However, prosecutors counter that, according to Supreme Court precedents, capital punishment is only off the table for those with mental disabilities that significantly impair intellectual capabilities.

At the time of the tragic events on November 13, 2022, Kohberger was a graduate student in criminal justice at Washington State University, situated just across the border from the University of Idaho in Moscow. His arrest came after an extensive surveillance operation, leading to his capture in northeast Pennsylvania during a holiday visit with his parents. Charged with four counts of first-degree murder and burglary, he has maintained his innocence throughout the proceedings.

Judge Hippler’s ruling permits the death penalty to be pursued, but it will ultimately depend on the resolution of Kohberger’s guilt or innocence in court. The judge noted, “Not only has Defendant failed to show that ASD is equivalent to an intellectual disability for death penalty exemption purposes, he has not shown there is national consensus against subjecting individuals with ASD to capital punishment.”

While ASD may be considered a mitigating factor when weighing the death penalty against aggravating circumstances, it does not disqualify Kohberger from capital punishment, according to Hippler.

The judge also dismissed a defense argument suggesting that extensive media coverage—highlighting traits linked to autism such as a “deadpan look” and “robot-like walk”—could prevent a fair trial. Hippler remarked, “He argues the media is demonizing him for his disability while at the same time emphasizing the brutality of the crime,” but he pointed out that concerns about media influence could be addressed during jury selection and throughout the trial.

The autism argument is just one of several strategies employed by Kohberger’s defense team to eliminate the potential for a death sentence. Other arguments have included claims that capital punishment is unconstitutional and out of step with evolving societal norms, as well as assertions that it violates international law and is applied inconsistently. However, each of these arguments has been rejected by the court, as reported by the Idaho Statesman.

As it stands, the latest motion to remove the death penalty appears to be one of the last available gambits for Kohberger’s defense.

This article originally appeared on The Western Journal.