Judge Steven Hippler ruled in a 15-page order released Thursday that a recent autism diagnosis will not protect Bryan Kohberger from the possibility of the death penalty.
In addition to the defense’s now-rejected autism arguments, Kohberger’s defense team argued the media attention alone should strike death penalty eligibility.
The State objected to the defense’s media coverage argument, citing a lack of precedent for striking the death penalty simply due to media coverage. Hippler agreed with the State, also finding concerns related to media coverage can be mitigated through jury selection and expert testimony.
Hippler has presided over the quadruple homicide case since the trial was moved from Latah to Ada County. The change in venue came following a request from a memorandum submitted by the defense.
A subsequent order for a change of venue came from the Idaho Supreme Court in September 2024.
This is not the first time Hippler considered challenges to Kohberger’s death penalty eligibility. Hippler previously ruled on the matter in an order dated Nov. 19, finding Kohberger eligible for the death penalty.
Anne Taylor, Kohberger’s defense team’s lead attorney, had argued against Kohberger’s eligibility for the death penalty, citing Eighth Amendment concerns related to Idaho’s methods of execution. This challenge by the defense was rejected.
Another motion from the defense to prevent the death penalty is still pending. In this motion, the defense alleges prosecutorial misconduct, including Brady violations related to the prosecution’s handling of material evidence.
Kohberger’s latest attempt to avoid the death penalty is an autism diagnosis argued before the Court on April 9.
During oral arguments, the defense reiterated their objections highlighted in a recently unsealed motion from Feb. 24. The defense argued Kohberger’s autism reduces his culpability and jeopardizes his freedoms from cruel and unusual punishment and his rights to due process.
In response, the State argued against equating autism with an intellectual disability and noted a lack of national consensus for supporting death penalty exemptions for those with autism.
Though there are no explicit exemptions for those with autism, the Supreme Court ruled in Atkins v. Virginia (2002) that executing people with intellectual disabilities violates the Eighth Amendment’s prohibition on cruel and unusual punishment. The 6–3 decision left defining what qualifies as intellectual disabilities up to each state.
Hippler ultimately ruled in favor of the prosecution, finding striking Kohberger’s eligibility for the death penalty is not warranted based on the arguments submitted by the defense.
Jury selection is scheduled for July 30, with the trial expected to begin Aug. 11.
