Bryan Kohberger Judge Denies Death Penalty Strike, Reveals New Case Details

Death Penalty Decision and Autism Diagnosis

• ⚖️ Judge Steven Hippler ruled that Bryan Kohberger remains eligible for the death penalty, denying his defense's motion to strike it.
• 🧠 Kohberger's defense argued his autism spectrum disorder (ASD), specifically Level 1, should disqualify him from the death penalty based on the US Supreme Court case Atkins v. Virginia.
• 💡 The judge determined that ASD does not equate to intellectual disability and is not a disqualifier, though it may serve as a mitigating factor during the penalty phase.
• 🗣️ The defense claimed ASD impairs Kohberger's ability to assist in his defense and affects his demeanor, potentially creating an impression of lack of remorse.
• 📰 Judge Hippler also dismissed the defense's claim that media coverage demonizing Kohberger due to his appearance should lead to striking the death penalty, stating such concerns can be addressed through voir dire and expert testimony.

New Details on the Night of the Murders

• 🏠 Judge Hippler's order revealed new details about the events at the King Road house on November 13, 2022.
• 📞 At approximately 2:00 a.m., roommates Maddie Mogan and Kaylee Goncalves were in Goncalves's bedroom, debating going to a food truck.
• 🚨 Around 4:00 a.m., a surviving roommate, DM, heard strange noises and crying, and saw a man in a ski mask walking by her door.
• 💬 DM exchanged texts with another roommate, BF, who initially thought the man was wearing black and a ski mask, leading to escalating fear and confusion.
• 🚶 DM saw Zana Kernodal lying on her bedroom floor, initially mistaking her for being drunk, before fleeing to BF's room.
• 🔪 Later, a friend and her boyfriend entered the house; the boyfriend retrieved a kitchen knife, and DM saw Zana again, prompting them to flee and call 911.

Expert Testimony and Evidence Rulings

• 💻 Computer forensics experts will be allowed to testify regarding abnormal gaps in Kohberger's cell phone and computer activity between November 11th and 16th, 2022, suggesting potential evidence tampering or private browsing.
• ⏱️ An Idaho State Police detective will testify that the murders could have been committed in 2 to 4 minutes based on timed runs at the scene.
• 🔪 A defense expert, Brent Turvy, is expected to testify that multiple weapons were used and that victims were attacked simultaneously, suggesting multiple killers.
• 💔 The prosecution's expert may testify that Maddie Mogan was too intoxicated to fight back.
• 🩸 Kaylee Goncalves's father revealed the coroner noted markings suggesting more than just stabbing occurred in the bedroom.
• 📞 The judge will allow the 911 call to be played for the jury, but parts will be redacted due to hearsay rules, specifically statements made by DM about seeing a man and what happened at 4 a.m.
• 🚫 Motions to exclude prosecution experts were denied, allowing testimony on cell phone activity, timed runs, and the nature of the attack.