Bryan Kohberger's legal team is raising significant constitutional questions as they work to withdraw his guilty plea in the Idaho student murders case. Jason Goldman, a New York-based attorney joining Kohberger's defense, stated that upcoming legal filings and a potential evidentiary hearing are expected to provide clarity on outstanding issues.
"We think the [amended] PCR and evidentiary hearing will naturally address some of the outstanding and unanswered questions," Goldman told Fox News Digital. "That said, the main priority right now is to scrutinize the constitutional issues surrounding Bryan's plea."
Kohberger, who pleaded guilty to four counts of first-degree murder and one count of felony burglary in the stabbing deaths of University of Idaho students Madison Mogen, Kaylee Goncalves, Xana Kernodle, and Ethan Chapin, claims his guilty plea was not entered knowingly or voluntarily. His handwritten petition for post-conviction relief, filed in July, alleges ineffective counsel and that the plea was induced by unkept promises and threats from his legal counsel.
"The circumstances surrounding Bryan's plea — and what occurred in the critical days leading up to it — deserve careful, independent judicial scrutiny," Goldman said. "Some of those circumstances are already part of the public record. Others are not."
Kohberger's defense has also filed a motion to disqualify Judge Steven Hippler, questioning his impartiality. The motion, signed by attorney Greg Rauch, notes that Hippler declined to grant Kohberger's former defense team more time for discovery before trial. The defense also took issue with Hippler's past descriptions of Kohberger, including characterizing him as "someone in whom the Court could identify nothing remaining that was 'good or intrinsically human.'"
The defense is seeking to have the case moved back to Moscow, Idaho, where Kohberger previously sought a change of venue, landing the case before Hippler in Ada County. "We must ensure that the serious constitutional questions at play are heard in a forum whose impartiality and neutrality cannot be questioned," Goldman stated regarding the motion.
Prosecutors have asked for Kohberger's petition to be dismissed. Judge Hippler has set a Nov. 13 deadline for Kohberger's lawyers to file an amended petition, which is expected to be more in-depth than the initial handwritten filing. Potential dates for a status conference and evidentiary hearing have been set for next year.
Goldman indicated that the unwavering support Kohberger receives from his family is a factor in his decision to join the case. "Most family and friends run for the hills when a loved one is quietly arrested, let alone charged with a highly-publicized murder," he said. "The unwavering support Bryan maintains speaks volumes."