Summarize this content to 2000 words in 6 paragraphs Legal experts are weighing in on whether introducing autism spectrum disorder (ASD) as a defense could impact Bryan Kohberger’s murder case.Kohberger’s lawyers filed a motion on February 24 to strike the death penalty from his case, citing autism spectrum disorder.In the motion, defense attorney Anne Taylor argued that 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.”Why It MattersKohberger, 30, is facing four counts of first-degree murder and one count of felony burglary. A not-guilty plea was entered on his behalf. He is eligible for the death penalty if convicted on the murder charges.
Bryan Kohberger enters the courtroom during a hearing Tuesday, June 27, 2023, at the Latah County Courthouse in Moscow, Idaho.
Bryan Kohberger enters the courtroom during a hearing Tuesday, June 27, 2023, at the Latah County Courthouse in Moscow, Idaho.
August Frank/Lewiston Tribune via AP, Pool
Kohberger is accused of fatally stabbing University of Idaho students Madison Mogen, Kaylee Goncalves, Xana Kernodle, and Ethan Chapin in an off-campus residence in Moscow, Idaho, in 2022.What To KnowDavid Leroy, former attorney general and lieutenant governor of Idaho, and Neama Rahmani, former federal prosecutor and the president of West Coast Trial Lawyers, spoke to Newsweek about how the introduction of Kohberger’s ASD diagnosis could affect the case.Leroy said ASD could be considered a mitigating factor during sentencing. Mitigating factors are typically presented by the defense and can include upbringing, mental health conditions and general character.”All kinds of circumstances become relevant, and certainly, the autism spectrum would be something that would likely be presented by the defense should this matter go to the death penalty phase,” Leroy said.Another mitigating factor often considered in criminal cases is if someone committed a crime under extreme emotional distress.”Sometimes people with autism can get dysregulated or have impulsivity issues, so that may be a factor that jurors are going to consider,” Rahmani said.Rahmani said Kohberger’s ASD is unlikely to impact the guilt phase of Kohberger’s trial.”The guilt phase is, ‘did Bryan Kohberger commit these four murders?’ The autism doesn’t really have any relevance or bearing on that question one way or another,” Rahmani said.Mental conditions can be considered in a defendant’s ability to form premeditation, which must be proven to convict a defendant of first-degree murder.”In first-degree murder, you must prove premeditation, and if a defendant can prove that their mental condition or situation was such that they could not form a premeditation, that would be relevant and likely accepted by the judge,” Leroy saidLeroy said ASD, however, does not appear to be a relevant defense in Kohberger’s case.”Autism spectrum disorder, particularly in the kind of dreadful facts and heinous crime manifested in these four homicides, does not seem to be something that is relevant in any instance in the trial of this case,” Leroy said.What People Are SayingTaylor, in a motion to strike the death penalty: “Mr. Kohberger’s ASD prevents him from being sentenced to death in a manner that accords with the constitutional requirements of proportionality and reliability. Like juveniles and people with disabilities, he is insufficiently culpable to be sentenced to death, the aims of deterrence and retribution will not be satisfied by his execution.”Leroy, in an interview with Newsweek: “Speaking to the extent that the defendant’s motions asked the court to strike the death penalty or foreshadow an intent to present that kind of evidence at the trial phase, those are predictably not likely to be successful when presented to the judge.”What Happens NextKohberger’s trial is scheduled to begin on August 11, with jury selection starting in late July.Do you have a story Newsweek should be covering? Do you have any questions about this story? Contact [email protected].
