Judge rules death penalty will remain as possible punishment despite Bryan Kohberger's autism diagnosis

A justice ruled Thursday that prosecutors could question the decease punishment against Bryan Kohberger if helium is recovered blameworthy of the 2022 slaying of 4 University of Idaho students.

Judge Steven Hippler issued his determination aft Kohberger's attorneys asked the tribunal to barroom the condemnation owed to his autism diagnosis.

Prosecutors antecedently indicated successful tribunal filings they intended to question the decease punishment with a conviction.

Bryan Kohberger enters the courtroom for his arraignment proceeding successful Latah County District Court, May 22, 2023, successful Moscow, Idaho. Kohberger is accused of sidesplitting 4 University of Idaho students successful November 2022. (Zach Wilkinson-Pool/Getty Images)

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Defense attorneys successful tribunal documents argued Kohberger’s autism spectrum upset (ASD) "reduces his culpability, negates the retributive and deterrent purposes of superior punishment, and exposes him to the unacceptable hazard that helium volition beryllium wrongfully convicted and sentenced to death," according to a study from The Associated Press.

They added it could beryllium considered cruel and antithetic punishment, which is outlawed by the Eighth Amendment to the U.S. Constitution.

Bryan Kohberger, accused of murder, arrives for a proceeding successful Latah County District Court Sept. 13, 2023, successful Moscow, Idaho.  (Ted S. Warren-Pool/Getty Images)

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Hippler said Kohberger's attorneys failed to amusement that ASD is equivalent to an intelligence disablement for decease punishment exemption purposes, and determination is nary nationalist statement against subjecting individuals with ASD to superior punishment, the AP reported. 

"ASD whitethorn beryllium a mitigating origin to beryllium weighed against the aggravating factors successful determining if suspect should person the decease penalty, but it is not (a) death-penalty disqualified," Hippler said.

Madison Mogen, apical left, smiles connected the shoulders of her champion friend, Kaylee Goncalves, arsenic they airs with Ethan Chapin, Xana Kernodle and 2 different housemates successful Goncalves' last Instagram post, shared the time earlier the 4 students were stabbed to death. (@kayleegoncalves/Instagram)

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The 30-year-old is charged with 4 counts of first-degree execution successful the deaths of Madison Mogen, 21; Kaylee Goncalves, 21; Xana Kernodle, 20; and Ethan Chapin, 20, who were stabbed to decease astatine an off-campus location successful Moscow, Idaho, astatine astir 4 a.m. Nov. 13, 2022.

Authorities person noted suspicious behavior, similar Kohberger allegedly turning disconnected his telephone earlier driving location and changing his licence plates days aft the killings.

An researcher carries an grounds container during a hunt of Bryan Kohberger's location successful Pullman, Wash., Dec. 30, 2022. (Derek Shook for Fox News Digital)

However, authorities assertion to person a cardinal portion of evidence, saying they recovered Kohberger's DNA connected a Ka-Bar weapon sheath recovered nether Mogen's body.

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The erstwhile criminology Ph.D. pupil is besides charged with felony burglary, Fox News Digital antecedently reported.

A justice entered his not-guilty pleas successful May 2023, though the proceedings is not expected to statesman until Aug. 11.

Fox News Digital's Michael Ruiz and the Associated Press contributed to this report.