Judge keeps death penalty on the table for Bryan Kohberger regardless of autism diagnosis – Washington Examiner
A judge has ruled that Bryan Kohberger,who is charged with the murder of four Idaho college students,remains eligible for the death penalty despite his recent autism diagnosis. Judge Steven Hippler stated that Kohberger’s attorneys failed to demonstrate that autism spectrum disorder (ASD) qualifies as an intellectual disability, which is necessary to exempt someone from capital punishment. The defense argued that Kohberger’s ASD diminishes his culpability and could lead to wrongful conviction, thus violating the Eighth Amendment. However, prosecutors contended that his diagnosis does not impede the pursuit of the death penalty, citing Supreme Court precedents. Kohberger, set to begin trial on August 11, previously waived his right to a speedy trial while his defense has filed multiple motions regarding the death penalty as a possible punishment. Additionally, the judge ruled that evidence, including a 911 call from the victims’ roommates, will be admissible in court.
Judge keeps death penalty on the table for Bryan Kohberger regardless of autism diagnosis
Bryan Kohberger, charged with the stabbing deaths of four Idaho college students in 2022, will not be spared from the death penalty regardless of his recent autism diagnosis, a judge ruled.
Judge Steven Hippler ruled that Kohberger is not disqualified from the death penalty since his attorneys did not show that autism spectrum disorder is an intellectual disability, which is the only case in which the death penalty can be barred.
“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,” Hippler wrote. “ASD may be mitigating factor to be weighed against the aggravating factors in determining if defendant should receive the death penalty, but it is not (a) death-penalty disqualifier.”
Kohberger’s attorneys made the argument that if he were to receive the death penalty as a possible punishment, it would be in violation of the Eighth Amendment, which prohibits cruel and unusual punishment.
“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,” defense attorneys wrote in court papers.
Prosecutors have argued that Kohberger’s diagnosis does not prohibit them from seeking the death penalty based on Supreme Court precedent, which exempts only those with intellectual disabilities. Kohberger was diagnosed with “Autism Spectrum Disorder, level 1, without accompanying intellectual or language impairment” by neuropsychologist Dr. Rachel Orr following his arrest.
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Kohberger is set to begin trial for the murders of Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves on August 11. The University of Idaho students were found stabbed to death in their rental home near campus on Nov. 13, 2022. Kohberger previously waived his right to a speedy trial, as his lawyers have filed dozens of motions to remove the death penalty as a punishment if Kohberger is convicted.
In a separate ruling, Hippler said that the jury will be able to hear the 911 call made the following day by the victim’s two roommates as well as the exchange of text messages between the surviving roommates at 4 a.m. when one of them spotted a masked man in the house.
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