Judge John Judge issued an order denying Bryan Kohberger’s motion to strike the death penalty on the grounds that he may have Autism Spectrum Disorder. Kohberger’s defense team argued that his possible diagnosis made him categorically ineligible for the death penalty under constitutional protections. However, the judge ruled that Idaho law does not recognize autism as a categorical bar to capital punishment, unlike intellectual disability. He emphasized that while evidence of Kohberger’s mental health status may be presented during the sentencing phase if he is convicted, it is not a basis to prevent the State from seeking the death penalty at this stage.

The judge made clear that questions about Kohberger’s mental health, including any evidence of autism, must be reserved for trial and possible sentencing proceedings—not pretrial motions. He stated that ruling otherwise would require him to make findings of fact not appropriate at this phase and reiterated that the law demands that a jury, not the court alone, determine any mitigating factors after conviction. Thus, Kohberger remains eligible for the death penalty as the case proceeds toward trial.


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source:

042425+Order+on+Defendants+Motion+to+Strike+Death+Penalty+RE+Autism+Spectrum+Disorder.pdf

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