Erik Ohlson’s attorneys filed a motion Wednesday afternoon to withdraw his guilty plea.
The Jackson man accused of killing his pregnant ex-girlfriend pleaded guilty to murder and manslaughter in February, abut a week after he more or less admitted to killing Jennifer Nalley in jailhouse phone calls.
The motion to withdraw has not yet been addressed by the court.
“I anticipate we will have a hearing within the next two weeks,” Teton County (Idaho) Prosecutor Billie Siddoway said in an email Wednesday night.
The judge will decide whether to accept Ohlson’s request to withdraw.
Defendants have the right to withdraw a plea up until sentencing, but, ultimately, it’s up to the court.
Ohlson, 42, has been in custody in the Madison County Jail since his July 2016 arrest after Nalley was shot dead at her Teton Valley, Idaho, cabin.
The defendant had pleaded not guilty three times since 2016, and the case seemed headed for trial before he pleaded guilty in February.
In the plea bargain, Siddoway agreed to no longer pursue the death penalty.
Ohlson wrecked his truck near the crime scene July 5, 2016, and was arrested for DUI while Nalley’s body lay on her porch. He was subsequently charged with murder when Nalley’s uncle and grandmother discovered her body the next day.
“I want him to go to prison and suffer,” Nancy Nalley, the victim’s mother, said previously. “He stole our life.”
Jennifer Nalley’s parents were content with the plea agreement. They said this motion could change everything.
“He has no remorse,” Nancy Nalley said.
Ohlson’s attorneys, Jim Archibald and James Thomas, filed the two-sentence request after 3 p.m. Wednesday.
“Comes now the Defendant, through his attorney, and pursuant to Idaho Criminal Rules, Rule 33©, moves to withdraw his plea of guilty,” it states. “A hearing is requested.”