Bryan Kohberger's attorneys have filed a motion to remove the death penalty as a sentencing option for their client. Their motion, titled “Motion to Strike Death Penalty RE: Autism Spectrum Disorder,” was filed Monday, along with 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 indicates the defense is citing autism spectrum disorder in its effort to keep Kohberger off death row. As of early this morning, the full documents were not publicly available online. The motions are sealed, so it remains unclear whether Kohberger has been diagnosed or if the defense is seeking a diagnosis.

Meanwhile, Judge Stephen Hippler ruled against Kohberger’s defense regarding the DNA technique used to identify him as a suspect in the quadruple homicide case. Hippler determined that police did not violate Kohberger’s constitutional rights, stating there is "no reasonable expectation of privacy in identity" and that Kohberger’s team "did not prove that his DNA was tested for anything other than identifying purposes." The judge wrote, "Even if the DNA analysis revealed sensitive personal details, there is no reasonable expectation of privacy in crime scene DNA."

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:

Philip Dubé - Former Court-Appointed Counsel, Los Angeles County Public Defenders: Criminal & Constitutional Law, Forensics & Mental Health Advocacy
Dr. Bethany Marshall - Psychoanalyst, Author: "Deal Breaker," Featured in hit show: "Paris in Love" on Peacock; Instagram & TikTok: drbethanymarshall, X: @DrBethanyLive
Chris McDonough - Director At the Cold Case Foundation, Former Homicide Detective; Host of YouTube channel, "The Interview Room."
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
Joseph Scott Morgan - Professor of Forensics: Jacksonville State University, Author, "Blood Beneath My Feet," and Host: "Body Bags with Joseph Scott Morgan;" X @JoScottForensic
Germania Rodriguez - Germania Rodriguez, Chief US Reporter, DailyMail.com and host of Welcome to MAGAland podcast

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