How Idaho’s lack of an insanity defense could impact Bryan Kohberger’s trial
Idaho’s lack of an insanity defense could impact Bryan Kohberger’s trial
Last week an Idaho judge ruled Bryan Kohberger can face the death penalty if he is convicted in the murders of the four University of Idaho students despite his autism diagnosis.
Last week, an Idaho judge ruled Bryan Kohberger could face the death penalty if he is convicted in the murders of the four University of Idaho students despite his autism diagnosis.
That diagnosis was conducted by a clinical neuropsychologist, and has some now asking if Kohberger can potentially use an insanity defense in his case?
Can Bryan Kohberger use the insanity defense?
What we know:
The short answer is no, there isn’t an insanity defense in Idaho.
It’s one of four states that don't have one, but aspects of a person’s mental state do play a role in a person’s criminal defense, and it can later come into consideration in Kohberger’s trial as well.
"Back in the 1970s, early 80s, we found that the insanity defense was being misused in Idaho, in my opinion, in drunk driving cases, in minor matters, someone would assert that they did not know the nature and quality of their act," said Dave Leroy, the former Idaho Attorney General and former Lieutenant Governor.
He says that is why he pushed for the state to repeal it in 1982. He told FOX 13 Seattle what would often happen is both sides would get their own psychologist or psychiatrist, which would often confuse the jury and leave taxpayers footing the bill on all the cases and expenses.
"I think it, over time, has probably saved the taxpayers of the state of Idaho potentially hundreds of thousands, or even millions, of dollars," Leroy said.
‘Mitigating factors’ of Kohberger's mental state
Dig deeper:
While there isn’t an insanity defense in Idaho, a person’s mental state is still taken into consideration before and after their trial.
"We still, before a trial is had, if someone is so out of touch with reality that they can't aid in their own defense, have the ability to put someone in a mental health-secure setting to try to improve their mental health to the point that they can go forward to trial," said Leroy. "So, if someone is not fit for trial, we don't try them as a criminal defendant."
In Kohberger’s case, he has not been deemed mentally incompetent to stand trial. His defense, however, has previously asked the judge to remove the death penalty, claiming executing someone with autism would constitute as cruel and unusual punishment.
Last week, the judge issued a written ruling that said, in part: "Not only has the defendant failed to show that ASD [Autism Spectrum Disorder] is equivalent to an intellectual disability for death penalty exemption purposes, he has not shown there is national consensus against subjecting individuals with ASD to capital punishment. ASD may be a mitigating factor to be weighed against the aggravating factors in determining if the defendant should receive the death penalty, but it is not a death-penalty disqualifier."
University of Idaho murders
The backstory:
Kohberger is charged with the murders of Ethan Chapin, Xana Kernodle, Kaylee Goncalves and Madison Mogen.
If he is found guilty, the court can consider his mental state when determining his sentence.
Earlier this year, Kohberger’s medical and mental health records were handed over to prosecutors. The contents remain confidential, but some experts have said those records could be used as a potential mitigating factor that spares his life if he is sentenced to the death penalty.
"We don't disregard or pretend that people with mental illness don't commit crimes," Leroy said. "We simply don't allow them to avoid conviction for a crime, and we deal with the mental health issues before or afterward in appropriate ways."
Kohberger’s trial is scheduled to start on August 11.
The Source: Information in this story comes from original reporting by FOX 13 Seattle reporter Shirah Matsuzawa.
MORE NEWS FROM FOX 13 SEATTLE
First confirmed Pacific Northwest sighting of invasive Chinese mitten crab
Motorcyclist dead, 2 others injured in Pierce County crash
At least 11 dead after car plows into Vancouver, B.C. crowd
Tears, heartbreak at Chase Jones sentencing—teen in fatal Renton, WA crash
1 dead, 1 injured after shooting in Tacoma, WA
WA pilot program offers free walk-on ferry rides to San Juan Islands
Bothell, WA teacher faces judge over student sexual misconduct allegations
To get the best local news, weather and sports in Seattle for free, sign up for the daily FOX Seattle Newsletter.
Download the free FOX LOCAL app for mobile in the Apple App Store or Google Play Store for live Seattle news, top stories, weather updates and more local and national news.