Idaho murders: Can autism help Bryan Kohberger dodge death penalty? Expert says ‘all kinds of circumstances become…'
BySumanti Sen
Mar 06, 2025 09:20 AM IST
Bryan Kohberger, who has autism spectrum disorder, is charged with murder in the deaths of Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves.
Idaho murder suspect Bryan Kohberger’s attorney has argued that her client’s autism diagnosis should prevent a death penalty sentence if he is found guilty. Kohberger, who reportedly has autism spectrum disorder (ASD), is charged with four counts of murder in the deaths of Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves. The four University of Idaho students were stabbed to death in the early morning hours of November 13, 2022, at a rental home near their campus in Moscow, Idaho.
Can autism help Bryan Kohberger dodge death penalty? (AP Photo/Ted S. Warren, File)(AP)
Can autism help Bryan Kohberger dodge death penalty? (AP Photo/Ted S. Warren, File)(AP)
Kohberger stood silent on being asked to enter a plea last year. This prompted a judge to enter a not-guilty plea on his behalf. Prosecutors have planned to seek the death penalty, should he be convicted.
An uncleared document, filed on February 24, reads, according to Rolling Stone, “Mr. Kohberger’s autism spectrum disorder (ASD) reduces his culpability, negates the retributive and deterrent purposes of capital punishment, and exposes him to the unacceptable risk that he will be wrongfully convicted and sentenced to death. In making this motion, Mr. Kohberger relies on his right to be free from cruel and unusual punishment.”
The 28-page document also noted that “amongst the entire class of murderers, the death penalty must be reserved for ‘the worst of the worst,'” and thus Kohberger should be exempt from such punishment. It added that Kohberger possesses a “particular characteristic” that “renders him less culpable, negates the retributive and deterrent aims of capital punishment, or creates a risk of an erroneous death sentence.”
Can autism help Bryan Kohberger dodge the death penalty?
David Leroy, former attorney general and lieutenant governor of Idaho, told Newsweek that ASD could be considered a mitigating factor during Kohberger’s sentencing. Typically, the defence presents mitigating factors, which can include upbringing, mental health conditions and general character.
"All kinds of circumstances become relevant, and certainly, the autism spectrum would be something that would likely be presented by the defense should this matter go to the death penalty phase," Leroy said.
One mitigating factor that is often taken into account in criminal cases is whether a person committed a crime under extreme emotional distress. "Sometimes people with autism can get dysregulated or have impulsivity issues, so that may be a factor that jurors are going to consider," said Neama Rahmani, former federal prosecutor and the president of West Coast Trial Lawyers, adding that Kohberger's ASD is unlikely to impact the guilt phase of is trial.
"The guilt phase is, 'did Bryan Kohberger commit these four murders?' The autism doesn't really have any relevance or bearing on that question one way or another," Rahmani explained.
Leroy added, "In first-degree murder, you must prove premeditation, and if a defendant can prove that their mental condition or situation was such that they could not form a premeditation, that would be relevant and likely accepted by the judge.” Leroy believes, however, that ASD does not seem to be a relevant defence in Kohberger's case.
"Autism spectrum disorder, particularly in the kind of dreadful facts and heinous crime manifested in these four homicides, does not seem to be something that is relevant in any instance in the trial of this case," Leroy said.
Defence attorney Anne Taylor said in a motion to strike the death penalty that Kohberger’s ASD “prevents him from being sentenced to death in a manner that accords with the constitutional requirements of proportionality and reliability.” “Like juveniles and people with disabilities, he is insufficiently culpable to be sentenced to death, the aims of deterrence and retribution will not be satisfied by his execution,” she added.
Leroy, in turn, said, "Speaking to the extent that the defendant's motions asked the court to strike the death penalty or foreshadow an intent to present that kind of evidence at the trial phase, those are predictably not likely to be successful when presented to the judge."
DNA evidence from three individuals found under Madison Mogen’s fingernails
Attorneys for Kohberger have claimed that according to an investigator, DNA evidence from three individuals was found under Mogen's fingernail. "The data consisted of three person mixture," the defense wrote in a motion unsealed on March 4 and obtained by E! News. The motion noted that comparison to Kohberger's DNA was found "inconclusive," which means he could neither be eliminated nor confirmed as one of the contributors.
At least four other people were reportedly tested during the investigation. Their results, too, came back as "inconclusive."
Kohberger's lawyers accused the investigator of using "misleading language" while focusing on his "inconclusive" results during a grand jury testimony. "All of these individuals sit in the same shoes as Mr. Kohberger," the defense wrote in their filing. "Thus, Mr. Kohberger's inconclusive LR is similar to almost every other person for whom an LR was generated and focusing on his 'inconclusive' LR would mislead the jury."
It was previously ruled that Kohberger's cell phone and email records, surveillance footage and his Amazon purchase history, can be used in his trial. Kohberger’s trial is scheduled to start on August 11. The jury selection will begin in late July.
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