Bryan Kohberger has autism, according to his lead defense lawyer, who is arguing the diagnosis means he should not face the possibility of the death penalty if he is convicted of the murders of a group of University of Idaho students who were killed in a 4 a.m. home invasion attack in November 2022.

“Bryan C. Kohberger, by and through his attorneys of record… hereby moves this Court to strike the death penalty as a sentencing option in his case because 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,” Anne Taylor wrote in a newly unsealed, 28-page court filing.

She argued that repetitive behaviors such as rocking in place or Kohberger’s failure to make eye contact would be perceived by jurors as “strange, out-of-control, and even disrespectful of such a solemn proceeding” or interpreted as guilt or shame. She said her client had been examined by Dr. Rachel Orr, who found that Kohberger’s autism has a “significant impact on his daily life.”

Bryan Kohberger appears in court in Moscow, Idaho on Oct. 26, 2023. (Kai Eiselein/Pool)

“Not even severe mental illness” would spare a defendant in a similar case, he said. Additionally, prosecutors have noted in court filings that Idaho law does not have an insanity defense or allow mental condition to be a defense against charges. 

In a filing of their own, prosecutors asked the judge to block expert testimony about Kohbberger’s neuropsychological and psychiatric evaluations. 

“Kohberger’s motion is a valiant effort by his defense team to get the death penalty off the table – however, it will not be successful,” said Edwina Elcox, a Boise-based defense attorney whose past clients include Lori Vallow. “The assertion that Kohberger’s autism spectrum disorder reduces his culpability will not be sufficient to strike the death penalty in Idaho, the state which reinstated execution by firing squad in 2023.”

Trial is set to begin in Boise on Aug. 11 after years of delays and a change of venue.

Latah County Judge John Judge entered not guilty pleas on Kohberger’s behalf at his arraignment in May 2023.