Bryan Kohberger's Lawyer Seeks Judge's Removal in Idaho Murders Case

Bryan Kohberger's defense attorney, Greg Rauch, is seeking the disqualification of Judge Steven Hippler from post-conviction proceedings, alleging that the judge's previous statements about Kohberger and the case create an appearance of bias. Rauch contends that the Latah County prosecutors are not adequately addressing the concerns raised in his motion to remove Hippler.

During the sentencing phase, Judge Hippler described Kohberger as a "faceless coward" and stated that the defendant "slithered" into the victims' home before committing the crime. Hippler also questioned Kohberger's capacity for truthfulness when considering whether he would offer an allocution, or a statement, in his own defense.

Rauch argued in his motion that an "informed, reasonable observer" could question the judge's impartiality given the judge's "connected record" of statements. The defense also pointed to a June scheduling order where Hippler rejected a request for more time from Kohberger's previous attorney, Anne Taylor. Hippler had described Taylor's complaints about discovery as "ultimately empty" and suggested she was attempting to delay the trial. Days later, Hippler questioned Taylor about whether she had completed necessary discovery, to which she responded affirmatively.

Prosecutors, in their opposition to the motion, stated that Kohberger has not demonstrated that Hippler is biased. Outgoing Latah County Prosecuting Attorney Bill Thompson and Deputy Prosecuting Attorney Keith Scholl argued that Hippler's remarks at sentencing were not unusual for the context of the case and that the judge is in the best position to adjudicate post-conviction relief claims.

Kohberger is seeking to overturn his guilty plea in the murders of University of Idaho students Madison Mogen, Kaylee Goncalves, Ethan Chapin, and Xana Kernodle in November 2022. He initially filed a handwritten petition for post-conviction relief in July.

Rauch countered that the State's response mischaracterized his initial motion and failed to address some of his arguments. He asserted that a request for an impartial adjudicator is not a request for a sympathetic one, and that reassignment would change the judge, not the evidence or the law.

A hearing on the disqualification motion was scheduled but abruptly canceled by Judge Hippler, who stated it would be rescheduled at a later date. The defense filed its new motion in response to the prosecution's opposition, emphasizing that the state did not resolve the motion by repeating rules or mischaracterizing statements. Rauch further argued that Hippler could voluntarily recuse himself to avoid any perception of partiality.