In a major courtroom moment this week, a judge ruled that prosecutors can’t use Bryan Kohberger’s autism diagnosis as a reason to push for the death penalty — including the possibility of execution by firing squad.
This ruling is a critical development in the ongoing case against Kohberger, who stands accused of murdering four University of Idaho students back in 2022.
The decision came during a packed hearing in Ada County, Idaho, where both legal teams clashed over what evidence should be allowed during the upcoming trial this summer.
And with the death penalty on the table, emotions and stakes couldn’t be higher.
A Chilling Case That Shook a Small College Town
To rewind, Kohberger — a 30-year-old criminology PhD student — is charged with the brutal killings of Ethan Chapin, Xana Kernodle, Madison Mogen, and Kaylee Goncalves.
The attack happened on November 13, 2022, inside the off-campus house where the three women lived with two other roommates.
The murders sent shockwaves across the country and shattered the calm of Moscow, Idaho — a tight-knit college town that hadn’t seen a homicide in seven years.
Roughly six weeks later, police arrested Kohberger at his parents’ home in Pennsylvania.
He’s pleaded not guilty and is now preparing to face trial, with the possibility of execution looming if he’s convicted.
The Autism Debate: Defense Wants It Considered, But Not Weaponized
At the hearing, Kohberger’s defense team pushed to make his autism part of their mitigation strategy — in other words, they want it factored in if he’s convicted, to avoid the harshest punishment.
Attorney Anne Taylor argued that many of his behaviors, like how he communicates or even how he sits in court, are tied to his diagnosis and shouldn’t be seen as evidence of guilt or danger.
Prosecutors, however, said they weren’t planning to use his autism against him — but still wanted the ability to respond if the defense leaned on it too heavily.
The judge ultimately decided that the prosecution can’t use his diagnosis as an aggravating factor during the death penalty phase.
The “Firing Squad” Controversy Adds to Tensions
One chilling detail that continues to loom over this case is the potential method of execution.
Idaho law now allows firing squads, a method that has drawn support from some of the victims’ families.
While that method remains controversial, it could become reality if Kohberger is convicted and sentenced to death.
Banned Language: Judge Bars “Psychopath” and “Sociopath” from Trial
The hearing also tackled another important topic: what kind of language can and cannot be used during the trial.
Kohberger’s defense asked the judge to ban emotionally charged terms like “murderer,” “psychopath,” and “sociopath.”
They argued these words could unfairly sway the jury and strip their client of a fair trial.
Judge Steven Hippler agreed that “psychopath” and “sociopath” shouldn’t be allowed — especially since Kohberger hasn’t been diagnosed as either.
However, he reminded both sides that court rules already prohibit this kind of inflammatory language and that everyone is expected to follow the rules without needing constant reminders.
Defense Urges Court to Show Compassion for Kohberger’s Family
In a rare emotional plea, Kohberger’s legal team asked the court to allow his parents and sisters to attend the entire trial, even if they end up being called as witnesses.
Attorney Elisa Massoth said the family has no interest in helping the prosecution and that Kohberger, who has been in isolation for over two years, depends on their support.
The judge appeared sympathetic, acknowledging the difficult position the family is in and promising to consider the request carefully.
It’s not yet clear whether any family members will be called to testify or what role they may play.
Prosecutors Challenge Plan to Suggest Alternate Suspects
Another point of contention: the defense’s plan to suggest other potential suspects during the trial.
Prosecutors criticized this as a “shotgun approach” that could confuse jurors and unfairly point fingers.
They asked the court to set boundaries, while the defense promised they weren’t just throwing out random names.
The judge plans to set another hearing specifically to discuss this issue.
DNA Drama: Evidence Under Victim’s Nails Sparks Debate
One of the most contested pieces of evidence is DNA found under Madison Mogen’s fingernails.
Prosecutors argued that it’s not surprising Kohberger’s DNA wasn’t there — saying the attack was so swift, and the killer wore a mask and avoided close physical struggle.
Still, the defense pushed back, arguing that the term “inconclusive” could wrongly suggest the DNA might belong to Kohberger.
They asked for clearer language, pointing out that the DNA came from unidentified individuals — possibly housemates or others from her environment.
The court also addressed “touch DNA” found on a knife sheath at the scene — a critical piece of evidence that prosecutors say ties Kohberger to the murders.
This DNA, they say, was linked to him using investigative genetic genealogy.
Survivor Eyewitness Account Faces Scrutiny
Surviving roommate Dylan Mortensen plays a key role in the case.
She’s the only person who actually saw the intruder — someone she described as tall, thin, wearing black, and with distinctive “bushy eyebrows.”
The defense has challenged her reliability, noting she was intoxicated and in a “dream-like” state.
They also pointed out she didn’t mention the eyebrows in her first interviews and had drawings of similar eyebrows in her room — suggesting this detail could’ve been influenced after the fact.
Prosecutors strongly defended Mortensen’s account, calling it consistent and critical to identifying the killer.
They said her focus on the eyes and eyebrows made sense, as the suspect’s face was mostly hidden behind a mask.
911 Call and Cellphone Clues Stir Controversy
Another big issue is the 911 call placed several hours after the murders.
The defense wants it excluded, calling it hearsay.
They also highlighted the timeline — suggesting Mortensen continued using her phone for Snapchat and texting instead of immediately calling for help.
In addition, Kohberger’s alibi — that he was driving alone looking at the moon and stars — came under fire.
Prosecutors argued that only he can confirm this, and unless he testifies, it shouldn’t be presented at trial.
A cellphone expert may testify to his movements before and after the murders, but not during the crucial timeframe, as the phone was switched off.
Amazon Records and Surveillance Footage Under the Microscope
Prosecutors also want to use Kohberger’s Amazon records, which allegedly show he bought a Ka-Bar knife and sheath similar to the murder weapon months before the attack.
The defense argued that others had access to the account and AI prompts could’ve influenced the purchases — but the judge seemed skeptical of that explanation.
Meanwhile, surveillance footage capturing a white Hyundai Elantra — the same model Kohberger drove — near the crime scene is another hot topic.
Prosecutors say it proves a connection; the defense wants to block it, saying it’s circumstantial.
What’s Next in the Trial of Bryan Kohberger?
Over two days of hearings, the judge heard a whirlwind of motions and arguments — from DNA disputes to banned words, family access, and witness credibility. Many rulings are still pending, but the decisions will significantly shape how the trial unfolds this August.
The trial is expected to last about three months, and victims’ families are already making the emotional journey to attend. Kaylee Goncalves’ family posted on Facebook, saying, “Part of getting justice for you includes being part of the court hearings… Please pray for us.”
As the legal battle ramps up, one thing’s clear — this trial is going to be closely watched across the country.