BOISE, Idaho — A judge ruled on Thursday that prosecutors can pursue the death penalty against Bryan Kohberger if he is convicted of murdering 4 University of Idaho students in 2022, despite the defendant’s recent autism diagnosis.
Prosecutors said they intend to seek the death penalty if Kohberger is convicted at his trial, which is set to begin in August. The defense attempted to strike the death penalty, citing Kohberger’s diagnosis of autism spectrum disorder, but the motion was denied.
“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,” Judge Steven Hippler wrote in the ruling.
The judge also issued rulings on several other motions, which were presented in a recent Ada County hearing.
One of the motions, filed by the defense, asked to exclude several of the State's witnesses on the grounds that their testimony was vague or incomplete.
The judge, however, found that the expert disclosures met legal standards, adding that the defense can always object at trial if any expert testifies beyond what was disclosed.
Additionally, the judge ruled on the State's motion to admit the texts between the surviving roommates, D.M. and B.F., into evidence during the trial, along with the recording of the 911 call made by one of the roommates. The judge ruled that the texts are admissible, as is most of the 911 call, adding that some parts of the call may be redacted because they are either based on hearsay or not made from personal observations.
