As new details emerge in the University of Idaho murders, attorneys representing the man accused of the crime have moved to strike the death penalty, citing one expert’s diagnosis of autism spectrum disorder (A.S.D.). 

A 28-page motion, filed February 24, 2025 with Idaho’s Fourth Judicial District Court and reviewed by Oxygen, stated murder suspect Bryan Kohberger, 30, was “insufficiently culpable” for execution and, therefore, should receive a more appropriate — and less severe — sentence. They argued that Kohberger “lack[s] the ability” to aid in his own defense, despite any willingness to cooperate.

A death sentence resulting from a first-degree murder conviction, per the defense, amounted to “cruel and unusual punishment,” thus violating the defendant’s Eighth Amendment rights. His diagnosis of A.S.D., also, could impinge other constitutional rights, including his right to a fair trial and reliable sentencing, among others.

Defense claims Bryan Kohberger has autism spectrum disorder

A comprehensive neuropsychological evaluation conducted by Dr. Rachel Orr found Kohberger “continues to exhibit all the core diagnostic features of ASD currently, with significant impact on his daily life,” per the recently unsealed motion.

“Mr. Kohberger displays extremely rigid thinking, perseverates on specific topics, processes information on a piece-meal basis, struggles to plan ahead, and demonstrates little insight into his own behaviors and emotions,” it stated in the court filing.

Attorneys argued that such “mental deficiencies” would “invade every detail” of his ability to defend himself, from his relationships with his lawyers to courtroom strategy.

In court, Kohberger’s mannerisms, including subtly rocking his torso when concentrating and “intense gaze” were “highly prejudicial … completely involuntary,” and “already being assigned sinister meaning by observers,” the defense argued. Furthermore, Kohberger used an “abnormal” tone and “his language is often overinclusive, disorganized, highly repetitive, and oddly formal.”

Such features could “alienate” him from the jury.

“He is highly distracted by sounds or activity occurring around him, and he frequently looks from side-to-side to monitor his periphery,” the filing stated. “As a result of his high distractibility, he often needs questions or instructions repeated. He frequently shifts the topics back to himself, even when it is inappropriate. He uses abrupt, matter-of-fact phrases that would be considered rude. He carries on about topics in a circular manner and perseverates about specific, non-essential details.”

It is unclear whether Kohberger had been previously diagnosed with A.S.D.

DNA found beneath Madison Mogen’s fingernails

The high-profile case grows more curious with a new motion by the defense, filed Monday, March 3, 2025, which sought to prohibit DNA found beneath the fingernails of victim Madison Mogen, according to CNN.

Court documents stated DNA from three unknown people was found. However, the defense sought to ban the evidence, noting the results were “inconclusive” and that introducing the evidence in the first place would be prejudicial against Kohberger. Attorneys specifically sought to prohibit expert testimony of forensic scientist Jade Miller, who the defense said used confusing language in her grand jury testimony, according to Spokane’s CBS affiliate KREM.

The ongoing flurry of motions continued throughout the week.

Roommates’ texts revealed in recent motion

On Thursday, March 7, 2025, newly unsealed documents originally filed by Latah County prosecutors (before the case was moved to Ada County) revealed the panicked texts between two roommates inside the home — identified by CNN as Dylan Mortensen and Bethany Funke — KREM reported. The messages occurred between 4:22 a.m. and 4:24 a.m., around the time of the murders.

In one of them, Funke stated, “Xana was wearing all black.” Mortensen responded with, “I’m freaking out rn,” then stated, “No it’s like a ski mask almost.” Funke responded with “stfu.”

Though texts were misspelled, Mortenson stated, “Like he had soemtbinf over is for head and little nd mouth,” and then, “I’m not kidding am so freaked out.” She then used an expletive and reported that her phone was about to die.

The exchange ended after Funke texted Mortensen, “Come to my room,” followed by, “Run,” and then, “Down here.”

Mortensen previously told authorities that around the time of the early morning murders, from her second-floor dorm, she allegedly woke to the sound of what she believed was Goncalves “playing with her dog in an upstairs bedroom.” A short time later, she thought she heard “crying” from Kernodle’s second-story bedroom.

At 10:23 a.m., Mortensen texted Goncalves, “RU up??” according to CNN.

The most recent court filing not only included the surviving roommates’ text exchange, but also the frantic 911 call to police after Mortensen, Funke, and two other roommates identified only by their initials found Kernodle unresponsive. The phone was passed back and forth between them when placed about one hour after Mortensen’s unanswered texts to Goncalves.

One caller reported that one of their female roommates “was drunk last night, and she’s not waking up,” per KREM. He or she then said, “And they saw some man in their house last night.”

A motive behind the murder has not been released.

Bryan Kohberger’s murder trial is slated to begin in August.