• A judge ruled that the death penalty remains a potential punishment for Bryan Kohberger.
• Kohberger's defense argued that his autism diagnosis should disqualify him from capital punishment.
• The trial is set to begin in August 2023.

The Fourth District Judge Steven Hippler has ruled that prosecutors can pursue the death penalty against Bryan Kohberger, the suspect in the stabbing murders of four University of Idaho students in November 2022, despite his recent diagnosis of autism spectrum disorder (ASD). The judge stated that Kohberger's defense team failed to demonstrate that autism is equivalent to an intellectual disability, which is the only condition that can exempt a defendant from capital punishment under U.S. law, according to ABC News, HuffPost, and Newsweek.

Prosecutors contend that based on Supreme Court precedents, Kohberger's diagnosis of mild autism without intellectual impairments does not preclude him from facing the death penalty. The defense argued that executing someone with autism could constitute cruel and unusual punishment and that autism diminishes culpability, leading to wrongful convictions. However, the judge ruled that while autism could be a mitigating factor in sentencing, it does not automatically disqualify Kohberger from the death penalty, as established in previous rulings, according to ABC News, HuffPost, and CBS News.

Kohberger, 30, stands accused of fatally stabbing four University of Idaho students—Kaylee Goncalves, Madison Mogen, Ethan Chapin, and Xana Kernodle—at an off-campus residence. He has pleaded not guilty, and his trial is set to begin on August 11, 2023. DNA analysis tied Kohberger to the crime scene, where autopsies indicate that the victims were likely asleep during the attack, according to HuffPost, Newsweek, and CBS News.

The legal battle over the death penalty continues as Kohberger's defense team files multiple motions challenging the applicability of capital punishment, emphasizing that executing individuals with autism undermines the fairness and reliability of the judicial process. The judge has agreed to permit jurors to hear testimonies related to 911 calls made by surviving roommates, but other statements may be limited, as part of the ongoing deliberations ahead of the trial, according to ABC News, HuffPost, and CBS News.