Bryan Kohberger's attorneys have filed paperwork to take the death penalty off the table for their client. Their motion “to Strike Death Penalty RE: Autism Spectrum Disorder,” was filed on Monday, as well as a motion to "Redact or Seal Newly Filed Records” “in Support of their Motion to Strike Death Penalty RE: Autism Spectrum Disorder Under Seal.” It means the attorney have given the nod to autism spectrum disorder in asking the court to Kohberger off death row. As of early this morning, the full documents were not publicly available online. The motions are also sealed which means it's not clear whether Kohberger has been diagnosed or if the defense was seeking a diagnosis.

This as Judge Stephen Hippler delivered a blow to quadruple homicide suspect Bryan Kohberger's defense with his ruling on the DNA technique prosecutors used to identify the then-grad student as the prime suspect. Hippler determined that police did not violate Kohberger's constitutional rights, as there is 'no reasonable expectation of privacy in identity' and 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.'

Actually, Judge Hippler has rejected multiple defense motions to suppress evidence. Hippler ruled that Kohberger's constitutional rights were not violated by police during the searches leading up to his arrest. One motion sought to toss genetic evidence obtained through forensic genealogy, but the court found there was no violation. The defense also requested a hearing to examine where the court was misled in obtaining warrants. The judge denied the hearing. The court upheld digital evidence from Kohberger’s Google, Apple, Amazon, & AT&T accounts, dismissing claims that the FBI’s subpoenas constituted warrantless searches, saying 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 www.drbethanymarshall.com/ , Instagram & TikTok: drbethanymarshall, Twitter: @DrBethanyLive
• Chris McDonough - Director At the Cold Case Foundation, Former Homicide Detective, Host of YouTube channel, "The Interview Room." www.coldcasefoundation.org/chris-mcdonough
• 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 ForesnsicDNAExperts.com,
• Joseph Scott Morgan - Professor of Forensics: Jacksonville State University, Author, "Blood Beneath My Feet", Host: "Body Bags with Joseph Scott Morgan", @JoScottForensic
• Germania Rodriguez - Germania Rodriguez, Chief US Reporter, DailyMail.com and host of Welcome to MAGAland podcast

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