Bryan Kohberger, convicted in the stabbing deaths of four University of Idaho students, is seeking to disqualify the judge overseeing his post-conviction proceedings and has requested a change of venue as part of an effort to retract his guilty plea. The motions were filed on Thursday by Gregory Rauch, Kohberger's newly appointed attorney.
Kohberger has since asserted his innocence, attributing his prior guilty plea to being misled by his defense team into providing a false confession. The filings target Fourth Judicial District Judge Steven Hippler, questioning his impartiality in Kohberger's post-conviction legal actions and requesting that hearings be moved from Ada County.
"This motion does not rest upon one adverse ruling, one harsh statement, or the mere fact that the judge who presided over Bryan Kohberger’s criminal case has been assigned to his post-conviction proceeding," the motion states. "It rests upon the extraordinary convergence of all of them."
While Kohberger's original criminal trial was moved to Ada County in 2024 to ensure an impartial jury and adequate resources, his current legal team argues these considerations are not relevant for a bench proceeding determined solely by a judge. Kohberger, 31, had previously pleaded guilty to four counts of first-degree murder and one felony burglary charge related to the 2022 deaths of Madison Mogen, Kaylee Goncalves, Xana Kernodle, and Ethan Chapin. He is now seeking a trial, despite the potential for the death penalty.
Legal Arguments
A central argument in the motion to remove the judge focuses on the alleged "constitutional adequacy" of the trial counsel's preparation. Defense attorneys contended that the demanding capital trial schedule made it impracticable to thoroughly review the extensive evidence.
The defense had previously warned the court that proceeding to trial under such constraints risked violating Kohberger's constitutional right to effective legal representation. Judge Hippler had rejected these claims, suggesting the defense was using the volume of discovery as a delaying tactic rather than a genuine concern.
The motion also cites remarks made by Judge Hippler during the sentencing phase, where he questioned Kohberger's credibility. "Do we really believe, after all of this, he is capable of speaking the truth?" the judge reportedly stated. The motion further notes that Hippler described Kohberger as a "faceless coward" and "the worst of the worst."
"Those statements are fundamentally different from believing Kohberger committed terrible crimes or deserved severe punishment," the motion argues. "They are forward-looking judgments about his credibility. And credibility may now be at the center of this proceeding."
The request for a venue change aims to relocate the proceedings from Ada County, where Kohberger entered his plea and received his sentence, to Latah County, the location of the murders. "Transfer is warranted in a case like this where ‘the convenience of witnesses and the ends of justice would be promoted by the change,’" the motion asserts.
