Bryan Kohberger’s attorneys have filed a motion to remove the death penalty as a sentencing option for their client.
Their motion, which is called “Motion to Strike Death Penalty RE: Autism Spectrum Disorder,” was submitted on Monday, alongside a separate motion to “Redact or Seal Newly Filed Records in Support of Their Motion to Strike Death Penalty RE: Autism Spectrum Disorder Under Seal.”
This suggests that the defense is using autism spectrum disorder as a basis to argue against Kohberger being sentenced to death. At the time of writing this morning, the full documents had not been made available to the public online. Because the motions are sealed, it is unclear whether Kohberger has received a formal diagnosis or if the defense is seeking one.
In the meantime, Judge Stephen Hippler made a decision against Kohberger’s defense in relation to the DNA technique that was utilized to link him to the quadruple homicide case. Hippler concluded that the authorities did not breach Kohberger’s constitutional rights, remarking that there is “no reasonable expectation of privacy in identity” and that Kohberger’s legal team “failed to demonstrate that his DNA was tested for any purpose other than identification.” The judge stated, “Even if the DNA analysis did disclose sensitive personal information, there is no reasonable expectation of privacy regarding DNA collected at a crime scene.”
Hippler has rejected multiple defense motions to suppress evidence. He ruled that police did not violate Kohberger’s constitutional rights during searches leading up to his arrest. One motion sought to exclude genetic evidence obtained through forensic genealogy, but the court found no violation. The defense also requested a hearing to determine whether the court was misled in obtaining warrants, but the judge denied the request.
The court upheld digital evidence from Kohberger’s Google, Apple, Amazon, and AT&T accounts, dismissing claims that the FBI’s subpoenas constituted warrantless searches and ruling that the search warrants were valid
Joining Nancy Grace today:
Dr. Bethany Marshall – Psychoanalyst, Author: “Deal Breaker,” Featured in hit show: “Paris in Love” on Peacock; Instagram & TikTok: drbethanymarshall, X: @DrBethanyLive
Additional Guests
Dr. Monte Miller – Director, Forensic DNA Experts LLC, Specialist in Sexual Assaults and Murder, Former Forensic Scientist for Texas Dept. of Public Safety State Crime Lab Foresnsic
Germania Rodriguez – Germania Rodriguez, Chief US Reporter, DailyMail.com and host of Welcome to MAGAland podcast
Crime Stories with Nancy Grace” is also a national radio show on SiriusXM channel 111, airing for two hours daily starting at 12 p.m. EST. You can also subscribe and download the daily podcasts at iHeart Podcasts.
[Feature Photo: Bryan Kohberger/Ada County Sheriff’s Office]
