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This is Hidden Killers with Tony Brewski.

Brian Koberger's defense team just through a curveball hitting or hinting that he may have

autism spectrum disorder, ASD, and arguing that, that factor should weigh into whether he

faces the death penalty.

Here's the thing, though, autism isn't an automatic legal shield. It very

rarely used. And the way the court handles this argument could set a major precedent for future

capital cases. Will this strategy help Koberger, or could it completely backfire? To break down

the legal implications, we're joined by Eric Fattis. Seeson defense attorney, former prosecutor.

Eric, when you hear the defense introducing autism into a death penalty case like this,

without a confirmed diagnosis, at least not at this moment in time of our recording,

could likely happen.

I would not be shocked.

Do you see this as a legitimate mitigation strategy or is it a Hail Mary pass that might do more harm than good at this point?

Well, Tony, I think that the strategy is clearly to try and avoid the death penalty by establishing

some kind of mental health evidence that could

garner some sympathy from the jury. And that's where the autism comes into play. On the other hand,

it's not dissociative identity disorder. It's not hallucinations. It's not the type of mental

...