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Prosecutors can seek death penalty for Idaho murders suspect Bryan Kohberger despite autism diagnosis, judge rules

Bryan Kohberger, the man suspected of slaughtering four Idaho college students in 2022, may face the death penalty if convicted despite his recent autism diagnosis.

Kohberger is accused of murdering University of Idaho students Ethan Chapin, Kaylee Goncalves, Xana Kernodle, and Madison Mogen at a home near campus on November 13, 2022. Now, Judge Steven Hippler has ruled prosecutors can seek the death penalty against him if convicted.

Hippler originally said Kohberger could face execution if convicted in November. But Kohberger’s defense team asked Hippler afterward to strike the death penalty on account of Kohberger’s autism spectrum disorder diagnosis.

Kohberger’s team argued that sentencing an autistic person to death would constitute cruel and unusual punishment, which is prohibited under the Eighth Amendment.

“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,” Kohberger’s attorneys wrote in court filings.

But prosecutors pointed to Supreme Court precedent that says only intellectual disabilities exclude someone from facing the death penalty. Prosecutors say that Kohberger’s autism diagnosis is “without accompanying intellectual…impairment.”

Kohberger’s trial will begin in Boise, Idaho on August 11. It’s expected to last until November.

Kohberger is a former Washington State University criminology student. He was arrested in his home state of Pennsylvania and charged with the murders around six weeks after they happened.

He has pleaded not guilty to all charges.

The case was recently moved to Boise after the defense successfully argued that Kohberger would not have an impartial jury in the tight-knit community of Moscow because of the extensive media coverage potentially tainting the jury pool.

This is a breaking news story. Check back for updates.

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