Bryan Kohberger's defense claims he has autism in bid to avoid firing squad

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."

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Bryan Kohberger arrives at Monroe County Courthouse in Pennsylvania in advance of an extradition hearing. He has been charged with the murders of four University of Idaho students. (The Image Direct for Fox News Digital)

"Mr. Kohberger’s ASD manifests in many of these highly prejudicial, but completely involuntary, mannerisms," Taylor wrote. "Dr. Orr observed that he subtly rocks his upper torso, especially while engaged in a cognitive task or listening to someone else – both of which are almost certain to occur during his trial."

Kohberger, 30, was studying for a Ph.D. in criminology at Washington State University at the time of the crimes.

He is accused of a meticulously planned attack that left four students dead at the University of Idaho, just 10 miles away. They were 21-year-old best friends Madison Mogen and Kaylee Goncalves, their 20-year-old housemate Xana Kernodle, and her boyfriend, Ethan Chapin, also 20.

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Anne Taylor, an attorney representing Bryan Kohberger, arrives at a hearing in Latah County District Court, Sept. 13, 2023, in Moscow, Idaho. (AP Photo/Ted S. Warren, Pool)

Two other young women in the house survived the massacre, including one who told police she saw a masked man with "bushy eyebrows" leaving the house, possibly carrying a vacuum.

Taylor argued that Kohberger's autism has resulted in "extreme inflexibility" and hinders him from participating in his own defense at trial.

"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," she wrote. 

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Madison Mogen, top left, smiles on the shoulders of her best friend, Kaylee Goncalves, as they pose with Ethan Chapin, Xana Kernodle, and two other housemates in Goncalves' final Instagram post, shared the day before the four students were stabbed to death. (@kayleegoncalves/Instagram)

She claimed that her client's communication skills are so inadequate that he is struggling to assist his own defense and that his lack of social awareness "will likely create an unwarranted impression of lack of remorse" before jurors.

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She also renewed her criticism of widespread media coverage of the case, arguing that reporting on the "brutal and shocking" murders could outweigh autism as a mitigating factor at sentencing, if he is convicted, in the minds of jurors.

Separately, Taylor asked the court to bar prosecutors from using the diagnosis as an aggravating factor. 

"Because of his autism others may see Bryan as not recognizing social cues, continuing to talk to others when the conversation would naturally end, over-focusing on a topic or hobby of interest or talking about the same topic repeatedly, using a complicated vocabulary, or seeming self-absorbed," she wrote. "Bryan’s autism is also accompanied by obsessive-compulsiveness, and an eating disorder."

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Bryan Kohberger in a Latah County Court for his Jan. 5, 2023, initial appearance. (Pool)

The filing is a long shot, however, according to legal experts. Judge Steven Hippler has already rejected a prior defense motion to strike the prosecution's intent to seek capital punishment.

"Autism may be mitigation during the penalty phase of trial, but autism will not prevent application of the death penalty," said Matthew Mangino, a former district attorney in Lawrence County, Pennsylvania, and an expert on capital punishment. 

Under current precedent, the death penalty would be barred against juveniles and people who are intellectually disabled, he said. Autism is not an intellectual disability.

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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."

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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.