Bryan Kohberger‘s attorney is arguing her client’s autism diagnosis should prevent a death penalty sentence in the event he’s found guilty of murdering four college students … stating capital punishment would constitute “cruel and unusual punishment” due to his inability to fully understand the consequences.

Attorney Anne Taylor filed a motion last week stating if her client were to be found guilty and sentenced to death, that would violate his Eighth Amendment constitutional rights. Kohberger, accused of murdering four University of Idaho students in the dead of night in 2022, was formally diagnosed by a neuropsychologist last month.

A neuropsychologist evaluated Kohberger and found he “continues to exhibit all the core diagnostic features of ASD currently, with significant impact on his daily life.”

Prosecutors allege Kohberger snuck into a now-demolished off-campus home and slaughtered four victims — Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves — but left behind his DNA on the sheath of a hunting knife. He’s charged with four counts of first-degree murder and one felony count of burglary, and is set to go on trial this summer.

Kohberger was arrested in Pennsylvania in late 2022 after driving cross-country with his dad from Washington state.