BOISE, Idaho — In a major ruling, the judge overseeing the capital murder case of the man charged with killing four Idaho college students in 2022 has denied his lawyers’ attempt to take the death penalty off the table.

(The video in the player above is from previous coverage.)

Suspect Bryan Kohberger’s lawyers argued that his autism spectrum disorder should disqualify him from possibly receiving that punishment, if he is convicted.

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“Having been recently diagnosed with Autism Spectrum Disorder (‘ASD’) by clinical neuropsychologist retained by his defense team, Defendant seeks to strike the death penalty as sentencing option, arguing it violates his constitutional rights,” his lawyers contended, according to the judge’s order, which was filed Thursday in a district court of Idaho.

“No court has ever found ASD to be categorically death-disqualifying diagnosis,” Fourth District Judge Steven Hippler wrote.

“The State responds that categorical exemption from the death penalty is only available under the law to those with intellectual disabilities, the definition of which ASD fails to satisfy,” the ruling continued.

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Several other more complex rulings have also just come down, including a ruling determining what, if anything, can be included from the 911 call from the surviving roommates of Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin the morning after they were stabbed to death in November 2022.

There is also a ruling on expert witness testimony.

Prosecutors allege that in the early morning hours of Nov. 13, 2022, Kohberger, then a student at nearby Washington State University, broke into an off-campus home and stabbed four University of Idaho students to death: Ethan Chapin, 20; Madison Mogen, 21; Xana Kernodle, 20, and Kaylee Goncalves, 21.

After a six-week hunt, police zeroed in on Kohberger as the suspect, arresting him on Dec. 30, 2022, at his family’s home in Pennsylvania.

Kohberger’s lawyers say he is innocent. At his arraignment in May 2023, Kohberger declined to offer a plea, so the judge entered a not guilty plea on his behalf.

The trial is set to start in August.