Kohberger's Attorneys Believe Autism Should Negate Death Penalty

In Bryan Kohberger's latest effort to avoid the death penalty, his lawyers confirmed in a new court filing that the 30-year-old has autism. They argued this condition puts him at risk of being wrongfully convicted of murder and sentenced to death at his trial, which is scheduled to begin in August 2025.

Potential New Legal Precedent

The Idaho murder suspect's public defense team asked 4th District Judge Steven Hippler to rule out the death penalty, based on a 2002 U.S. Supreme Court decision on intellectual disabilities. That decision said people with severe intellectual disabilities cannot be sentenced to death. Kohberger's attorneys say this protection should be expanded to include people with Autism Spectrum Disorder (ASD).

If granted, the defense team's request would establish a new legal precedent in Idaho for how autism is handled in death penalty cases. This motion is the legal team's most recent attempt to get the death penalty possibility removed. Earlier motions claimed capital punishment is unconstitutional, goes against changing ideas of decency, breaks international law, and is applied unfairly.

Quadruple Murder

Kohberger is suspected in the murders of Madison Mogen, 21; Kaylee Goncalves, 21; Xana Kernodle, 20; and Ethan Chapin, 20. On the morning of Nov. 13, 2022, the four University of Idaho students were found stabbed to death inside the off-campus home in Moscow, Idaho, that Mogen, Goncalves, and Kernodle shared with two other roommates. At the time, Kohberger was a criminology student at Washington State University in Pullman, Washington, nine miles from the crime scene. Kohberger was arrested and charged with four counts of first-degree murder along with one count of felony burglary.

Expressions and Behaviors

In March 2025, Kohberger's lead defense attorney, Anne Taylor, expressed concerns that jurors in his upcoming trial could mistake his intense gaze for the face of an unfeeling killer. In a written statement to PEOPLE, Taylor said, "[H]e does not show emotion on his face, he has a flat affect, he sits very still and holds his hands in the same position, he has a piercing stare, he does not show expected reactions, facial expressions do not reflect what he is feeling, he is stiff in body posture, he has prosody in speech, uses repetitive phrases and large words, and has developmental dexterity problems."

Taylor claimed the suspect's autism, OCD, and a developmental coordination disorder affect his facial expression. Taylor said her client's appearance, including his facial expressions and his personality traits, might lead the jury to wrongly conclude he's guilty of murder.

Previous Supreme Court Ruling

Taylor shared these concerns in a court filing in which she explained Kohberger’s behavior and mannerisms are signs of Autism Spectrum Disorder and asked the court to let her bring in witnesses who can talk about ASD and how the disorder presents in some people. But up to this point, Hippler has denied all attempts to remove the possibility of the death penalty for Kohberger. Now, the defense is using the U.S. Supreme Court case Atkins v. Virginia to support their argument. In that case, the nation's highest court decided executing people with intellectual disabilities goes against the Eighth Amendment, which protects against cruel and unusual punishment. Taylor argues this ruling should also apply to people with autism.

Prosecutors Respond

But the prosecution claims the defense has failed to show a general agreement that people with autism should not face the death penalty. In their response, prosecutors said the defense's reasoning goes against previous rulings made by both the Idaho Supreme Court and the U.S. Supreme Court.

The prosecution also pointed out that in order to be diagnosed with an intellectual disability in Idaho, a person's IQ and adaptive functioning scores must be 70 or below. This means a person can only be diagnosed if they have difficulty thinking, reasoning, and living independently in society, and these challenges must have been present since childhood, as Rose Nevill, licensed clinical psychologist, explained, as reported by the Idaho Statesman. Latah County Prosecutor Bill Thompson and Special Assistant Attorney General Jeff Nye said because Atkins v. Virginia focused on intellectual disability; Kohberger's 119 IQ would rule him out since he has no intellectual disability — only a mild form of autism.

Kohberger's next hearing is April 9, 2025. He has pleaded not guilty to the charges against him, and his trial is set to begin Aug. 11, 2025, nearly three years after the murders.

References: Bryan Kohberger Defense Attorney Argues Reason for His 'Piercing Stare' — and Why Jury May Hold That Against Him | Bryan Kohberger's 'Piercing Stare' and Emotionless Face Explained to Jurors as Autism, OCD – Not a Sign He's a Killer: Defense | Kohberger's Team: Autism Should Negate Idaho Death Penalty. Experts Say It's a Stretch