(NewsNation) — Bryan Kohberger’s defense team may ask a judge to take the death penalty away as an option for their client by citing autism spectrum disorder, a sealed court filing shows.
The team representing the man who is accused of killing four University of Idaho students in their off-campus house in November 2022 filed the document Monday. It states that it is a “Motion to Strike the Death Penalty Re: Autism Spectrum Disorder.”
It is not clear whether Kohberger has autism or if this is a diagnosis his attorneys are seeking.
NewsNation has reached out to Kohberger’s defense attorney via email for comment.
Kohberger is charged with first-degree murder in the deaths of Madison Mogen, Xana Kernodle, Ethan Chapin and Kaylee Goncalves. In court in May 2023, Kohberger did not verbalize a plea, but a judge entered a not-guilty plea on his behalf.
His trial is set for August. A judge ruled in November 2024 that he is able to face the death penalty.
Defense attorneys have previously asked a judge to dismiss most of the evidence in Kohberger’s case as they say it relies on a genetic investigation process they call unconstitutional. In addition, during a January hearing, Kohberger’s lawyers argued that search warrants obtained in the case were tainted by police misconduct.