Bryan Kohberger's defense team has filed a motion seeking the disqualification of Judge Steven Hippler, who presided over the initial sentencing, arguing his prior remarks about Kohberger undermine the impartiality required for post-conviction relief proceedings. Kohberger is attempting to retract his guilty plea in the murders of four University of Idaho students.
Kohberger's new attorney, Greg Rauch, contends that Judge Hippler's description of his client as a "faceless coward" creates a perception that an informed observer could question the judge's impartiality. The motion argues that the judge's statements are forward-looking judgments about Kohberger's credibility, which may become central to the current proceedings.
"The question is not merely whether Judge Hippler has formed strong views about Kohberger. The question is whether an informed and reasonable observer could question the impartiality of having the same judge," the motion states. Rauch also noted that Hippler is assigned to the post-conviction hearing despite having presided over the criminal trial.
The defense is seeking an "unquestionably neutral forum for adjudicating claims that may implicate his former counsel's performance, his own credibility, and the constitutional validity of the proceeding that resulted in his conviction and sentences."
In a written order on Wednesday, Judge Hippler did not grant Kohberger an immediate hearing on his claims for withdrawing the guilty plea. Instead, he scheduled a date for next June, stating an evidentiary hearing might be warranted at that time. Hippler also directed both the prosecution and the defense to strictly adhere to Idaho Rules of Court Procedure, particularly regarding admissible evidence, and warned that non-compliance could result in sanctions. Both sides are required to disclose potential witnesses, including experts, by early February, with a status conference set for next June.
Kohberger pleaded guilty last July to the murders of Kaylee Goncalves, Madison Mogen, Xana Kernodle, and Ethan Chapin at their Moscow, Idaho, home in November 2022. He accepted a plea deal just before his trial was to begin, which spared him the death penalty. He was sentenced to four consecutive life terms without parole. As part of the agreement, he waived his right to appeal. However, he has filed a separate petition for post-conviction relief, a process allowed under Idaho law that differs from a standard appeal.
Kohberger stated in a message to The New York Times that his "actual innocence is my truth, and the plea, hinged on by false promises and blatant disinformation, MUST be withdrawn." If the petition is successful, it could allow Kohberger to withdraw his guilty plea, potentially sending the case back to trial and possibly reintroducing the death penalty as a sentencing option.
The families of the victims have expressed distress over Kohberger's attempts to withdraw his plea. Alivea Goncalves, sister of victim Kaylee Goncalves, stated that the ability of an incarcerated individual to "revictimize their victims" is difficult to overcome. Steve Goncalves, father of Kaylee, has consistently advocated for a trial, viewing life sentences without parole as insufficient.
Morgan G.