Kohberger defense may cite autism

Defense lawyers for the man accused of stabbing four Idaho college students to death in 2022 filed new motions this week suggesting they want to “strike” the death penalty as punishment in his trial in a request linked to “autism spectrum disorder.”

Details in the motion remained unavailable Wednesday and the defense for the suspect, Bryan Kohberger, also made a request to “redact or seal newly filed records.”

It’s unclear how autism fits into the defense’s legal strategy and whether Kohberger himself has ever been diagnosed or tested for autism spectrum disorder.

A gag order prevents many involved in the case from speaking publicly.

Kohberger, 30, faces the death penalty if found guilty at his trial, which is set to begin Aug. 11. He is accused in the murders of Madison Mogen, 21; Kaylee Goncalves, 21; Xana Kernodle, 20; and Kernodle’s boyfriend, Ethan Chapin, 20.

Experts say challenging the death penalty will be difficult in Idaho, where the law does not allow defendants to mount an insanity defense in criminal cases.

“An attempt to suggest that autism-related symptoms would automatically constitute any kind of defense in a criminal case is probably destined to fail,” Dave Leroy, a former Idaho attorney general, told NBC’s “Today” show.

Meanwhile, prosecutors have their own set of motions attempting to limit what the defense can submit at trial.

Prosecutors are asking Ada County Judge Steven Hippler to prohibit the defense from presenting testimony on the neurological and psychiatric evaluation of Kohberger; bar the defense from providing alibi evidence that isn’t given directly by Kohberger; and disallow the defense from offering “alternative perpetrator” evidence or argument without first proving that it is relevant.

Court transcripts recently made public show the defense had questioned police about an unknown individual’s blood DNA that was found on a handrail in the home where the killings occurred and another unknown blood sample on a glove located outside.

Prosecutors said in new filings that they also want to present an FBI-constructed 3D model of the three-story King Road house in Moscow, located on the edge of the University of Idaho campus, to “aid witnesses in their testimony” at trial.

“This model will consist of three levels which can be removed by level to show the interior layout of the residence,” prosecutors wrote. “The interior layout will depict wall and door placements (i.e. no furniture, human depictions, etc.).”

The FBI’s reconstruction is “based on depictions, documentation, and measurements taken at the scene” prior to the home’s demolition a year after the killings, prosecutors added.

Families of two of the victims had previously sought to postpone the razing of the home, arguing that the University of Idaho should wait until after the trial was completed in the event more evidence must be collected from the scene.

But Latah County Prosecutor Bill Thompson had said that the condition of the home was substantially different in the months following the killings and that investigators believed they had gathered enough information to create an exhibit of the scene for trial.

At the time of the killings, Kohberger was a resident of nearby Pullman, and was then a doctoral student at Washington State University.

A not guilty plea on four counts of first-degree murder and burglary was entered on his behalf in May 2023. Authorities have not publicly confirmed a motive but are expected to present DNA evidence, details about cellphone use and security videos to connect Kohberger to the crime.

Defense lawyers have said he would often take late-night drives and that cellphone tower data would show that he had been doing so miles away when the four students were fatally stabbed in the middle of the night.

The latest filings follow a victory for the prosecution last week when Hippler denied several defense motions to suppress key DNA and other evidence.

Hippler found that there was no constitutional violation, as the defense maintained, when law enforcement without a warrant took trash from outside the home of Kohberger’s parents in Pennsylvania and obtained DNA that tied him to a knife sheath found at the Idaho crime scene.

The judge’s decision allows for cellphone and email records, surveillance footage, Kohberger’s past Amazon purchases and DNA evidence to be presented at trial.

Erik Ortiz is a senior reporter for NBC News Digital focusing on racial injustice and social inequality.