Bryan Kohberger waived his appeal rights but plans on pursuing post-conviction relief: sources

Bryan Kohberger, who admitted to killing four University of Idaho students, should be retried and again face the possibility of the death penalty, according to a digital forensics expert retained by his defense team. The expert argues investigators overlooked highly incriminating evidence tied to the 30-year-old former criminology PhD student, though portions of his own case report appear to conflict with some of those assertions.

The expert, Sy Ray, is a former Arizona homicide investigator who now specializes in digital forensics, geolocation analysis and related data. Kohberger’s attorneys brought him on as a defense expert before Kohberger entered a guilty plea to avoid the death penalty in the home invasion killings of Kaylee Goncalves, 21, Madison Mogen, 21, Xana Kernodle, 20, and Ethan Chapin, 20.

Kohberger is currently serving four consecutive life sentences without the possibility of parole. Last week, he asked the court to allow him to withdraw his guilty plea and pursue post-conviction relief, a move that could reopen the path to trial and place the death penalty back on the table.

Bryan Kohberger and the victims of the Idaho murders

Families of the Idaho murder victims have filed a wrongful death lawsuit against Washington State University, claiming the school failed to act on 13 reports involving Bryan Kohberger. (AP Photo/Kyle Green, Pool | Instagram)

“Bring back the death penalty,” Ray told journalist Brian Entin during a new podcast appearance. “I am all for this.”

Ray said he believes Kohberger would be convicted if the case went before a jury, and he claimed data from Kohberger’s smartphone is far more damaging than what was previously disclosed when police records and court filings made thousands of pages of evidence public.

“I 100% believe that the offender, who is Bryan Kohberger — there’s no alternative theory in my head at this point,” Ray said in the 82-minute episode, which also featured Goncalves’ parents, Kristi and Steve, and her older sister, Alivea. “I 100% believe he’s been in the house before.”

King Road house, tire marks in snow, police tape

A watchman parked outside 1122 King Road on Dec. 11, 2022, four weeks after four students were stabbed to death inside. A year later, the property is scheduled for demolition. Critics believe it should remain standing until the suspect goes to trial. (Michael Ruiz/News Outlet)

Ray has not responded to attempts to reach him or shared details of his recent claims with News Outlet.

Ray claimed that the evidence he reviewed shows Kohberger potentially inside the victims’ home, and at other places when they were present prior to the murders — something that both contradicts his own expert report from January 2025 and that even prosecutors haven’t publicly alleged.

“If you look at those precise measurements, there’s probably five that land directly on what would be the living room of the house,” Ray told Entin. “Like the latitude-longitude is the physical house itself, and if you put the house back on the map, and you map those, the hits are inside the house.”

University of Idaho victims Madeline Mogen, Ethan Chapin, Xana Kernodle, and Kaylee Goncalves

(Instagram @xanakernodle / @maddiemogen / @kayleegoncalves) (Instagram @xanakernodle / @maddiemogen / @kayleegoncalves)

“I just want to make sure I understand correctly … because I haven’t heard this before — so you’re saying, based on the data you saw, the latitude-longitude for Bryan Kohberger’s Samsung was in the living room?” Entin asked.

“The AT&T-derived latitude-longitude from the AT&T’s network that it estimates a location, it lands in the house — and it’s a 25-meter range, so we’re talking 75 feet, so it could be anywhere in the house on any floor,” Ray said. “It could technically be outside the house, it could [be] on the property, but it’s showing in the immediate area. My personal opinion is when I look at those, and I map what’s happening before and after and I’m looking at all the other evidence. I think these are accurate locations.”

That runs contrary to the expert report under his name included in a defense filing from Jan. 23, 2025.

“It is my opinion that the geolocation data I have been provided as of the writing this report does not provide any evidence of association between Mr. Kohberger and any of the decedents and/or Mr. Kohberger’s or decedent’s residence,” he wrote.

Still, Ray told the podcast his theory is that Mogen was Kohberger’s primary target due to the number of times he could trace their phones to similar locations.

university of idaho victim madison mogen wearing a blank tank top and jeans in a garden

Madison Mogen, 21, was on of four University of Idaho students killed in a home invasion attack at their off-campus rental in November 2022. (Jessie Frost Photography)

“I believe Maddie was the target,” he said, adding that repeated “collisions” between their phones placed them in roughly the same area at the same time, including at a Pullman party the first week of school and at the A&W store near the King Road crime scene.

He also flagged what he described as Kohberger’s broader “pattern of life,” pointing to evidence of stalking before the murders.

That also contradicts his report.

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“I am unable to locate any period of time between June 23, 2022 and November 13, 2022 where Mr. Kohberger’s mobile device is in the same specific area as any of the deceased’s mobile devices,” he wrote.

The discrepancy raised red flags for some experts who have been following the case, including Morgan Wright, the CEO and founder of the National Center for Open and Unsolved Cases and the host of “Crime: Reconstructed.”

Bryan Christopher Kohberger in a booking photo after his arrest in Pennsylvania.

Bryan Christopher Kohberger is seen in a booking photo after his arrest on Dec. 30, 2022, in Pennsylvania. (Monroe County Correctional Facility via Getty Images)

That pattern of life was also broken on the night of the murders, when Ray said he believes the plan to target Mogen went awry and resulted in him fleeing south, where he’d never driven before.

While prosecutors alleged that Kohberger had visited the crime scene a dozen times before the murders and at least once the morning after, they have not pointed to “collisions” with any of the victims the way Ray described in the podcast. In a news briefing after Kohberger’s guilty plea, the case’s lead investigators said they didn’t know who the target was.

“The evidence suggested that there was a reason that this particular house was chosen,” said then-Moscow Police Cpl. Brett Payne. “What that reason is, we don’t know. We don’t know who the target was, and we’re not going to speculate on that up here today. But we can tell you that, for whatever reason, Mr. Kohberger chose that residence. Perhaps it’s the location, layout, we do not know.”

And when they were asked by News Outlet if they had a motive, lead investigators replied, “We don’t.”

Four Killed University of Idaho

Cpl. Brett Payne of the Moscow Police Department, left, and Lt. Darren Gilbertson of the Idaho State Police, right, speak to the media during a press conference at the Ada County Courthouse after the sentencing of Bryan Kohberger, Wednesday, July 23, 2025. (AP Photo/Kyle Green, Pool)

On Entin’s podcast, Ray alleged that they missed the evidence.

“They didn’t even look at it,” Ray said of the stalking evidence. “It’s incredible to me.”

However, in Ray’s report, he wrote that he “can find no evidence of stalking behavior or surveillance at the King Road Residence,” Wright noted.

“This is the sharpest contradiction,” Wright told News Outlet. “The state’s search warrant sought records specifically to determine whether Kohberger ‘stalked’ any victim or ‘conducted surveillance on the King Road Residence.'”

After Kohberger’s guilty plea, Ray said he offered to do a debrief with the FBI to show the evidence he said he found and they missed. He said he got no response, but added that he has presented before hundreds of law enforcement agencies around the country going back to November, he said.

General view of the prison where Bryan Kohberger is serving his life sentence

Exterior view of Idaho State Correctional Complex in Kuna, Idaho, Tuesday, July 22, 2025. Notorious killer, Bryan Kohberber is being housed at this facility after being sentenced in the stabbing murders of four University of Idaho students in 2022. (Derek Shook for News Outlet)

Last week, Kohberger filed a petition for post-conviction relief, claiming he had ineffective counsel from his defense team.

Ray also speculated that Kohberger’s post-conviction petition was part of a broader legal strategy by his lead defense attorney Anne Taylor despite the plea agreement’s waiver of most appeal rights.

Kohberger pleaded guilty to avoid the death penalty.

“This can never be the standard investigation that we see in cases,” Ray said. “This can never be acceptable.”

Bryan-Kohberger-Idaho-Murders

Bryan Kohberger, right, who is accused of killing four University of Idaho students in November 2022, sits with Anne Taylor, left, one of his attorneys, during a hearing in Latah County District Court, Wednesday, Sept. 13, 2023, in Moscow, Idaho. (AP Photo/Ted S. Warren, Pool)

However, he said that he’s confident Kohberger would be convicted anyway at trial — if investigators introduced the evidence he found while working with Taylor.

“The time is now to start this investigation over,” Ray said.

Kohberger had followed other people in the Moscow-Pullman area, he said — a pair of college towns on the border of Washington and Idaho.

“I think he had multiple targets throughout the entire Moscow-Pullman area,” Ray said. “Location information and pattern of life is by far the most telling.”

Ray said he has no doubt that Kohberger committed the murders.

“If he ever does walk, he will kill again,” he said.

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