A judge announced on Monday that the trial of a man accused of killing four University of Idaho students will be held in a county other than the one where the murders occurred in late 2022.
Judge John Judge, the district judge for Latah County, heard arguments in late June about whether or not Bryan Kohberger’s trial, tentatively scheduled for next summer, should be moved from Latah County to Ada County. Ada County is located about 300 miles to the south and has Idaho’s capital Boise. The judge stated that this would be the “most difficult decision of his career” and that he would study the law, arguments, and other factors before making a final ruling. The trial of Bryan Kohberger is tentatively scheduled for next June. Ada County, about 300 miles south, is home to Idaho’s capital, Boise.
The Judge didn’t specify the new venue in his motion to grant a different location. He said it was based on a “presumed bias” if the case remained in Latah County.
The Idaho Supreme Court has not yet decided on the judge or venue. Latah County prosecutors are expected to remain in the case throughout the trial.
Kohberger’s lawyers, who are defense experts, called on them to say that the media coverage of the case would likely bias potential jurors in Latah County and they would not be able to render an impartial verdict.
Defense attorneys claimed that there was a “mob mentality,” against Kohberger in Latah County. They included, in their filing, some of the responses they had received through a phone survey they conducted as part of an application to move the case.
One respondent told the defense expert who conducted the survey: “There would be a riot, and he would not last outside for long because someone would give the good ole boy justice.” Another said, “They would burn down the courthouse.”
Anne Taylor, Kohberger’s public defender (public defender), argued that the coverage of this case was “not just a passing story.”
She wrote that the content was not benign. It is rather inflammatory, emotional, misleading, false, and frequently poorly sourced.
In his ruling, the Judge agreed that defense experts testified that research shows the best way to protect against a biased jury is by changing venues.
The judge stated that Latah County has a smaller population, with 41,000 residents, and that just over half of them are eligible to serve on juries. This makes it “more probable” that the residents would know someone who was involved in the case. Therefore, it is “more likely that they have discussed the case” — making it “more difficult” to keep the identity of the jury secret.
The judge said that “the issue of sensationalized, extensive coverage is not unique to Latah County.” However, it is more likely to have an impact given the amount of coverage and the smaller population.
The Judge also identified several other concerns about keeping the trial in Latah. These included a sheriff’s department with a small staff that was responsible for security in the high-profile trial; a court clerk pool in Latah County of only a few people who would be required to supervise a jury selection procedure that would include a pool of 6,000 people, and a courthouse in the county lacking enough space.
Judge wrote that “the interest of justice requires the trial to be moved to a venue that has the resources necessary, both in personnel and space, to effectively and efficiently manage a trial of such magnitude and length, so that the Court and the parties can focus on their case and not peripheral issues.”
The prosecution argued against the trial being moved, but earlier court filings offered a compromise that it be held in Nez Perce County or Kootenai County, which is closer to Latah County.
Some of the family members of Madison Mogen and the other four students who were killed — Kaya Goncalves Xana Kerodle, Ethan Chapin, and Xana Xana Kernodle — said that they didn’t want to move the trial because the local community deserved to be included in the jury.
The Goncalves Family said that they were “extremely disappointed” with the Judge’s decision.
The family stated that the only good thing about the decision was that it would be the judge’s final decision in this case. They added, “If the Judge knew Latah County couldn’t handle this trial due to safety concerns, lack of court clerks, logistical issues, and lack of space, then why did we waste a year trying to hold the trial in a county where he knew he wouldn’t be able to handle the trial. He didn’t suddenly get bitten in the backside by his points.
The Moscow, Idaho police have announced Kohberger’s arrest more than a week after four friends were fatally stabbed in an apartment on the University of Idaho Campus. Kohberger, a native of Pullman, Washington, and a student at Washington State University was arrested by police in Moscow, Idaho, more than a month after the four friends were fatally stabbed early on Nov. 13, 2022, inside an apartment house near the University of Idaho campus.
In May 2023, he entered a not-guilty verdict on four counts of murder in the first degree and burglary. The motive for these murders is still unclear.
The judge has stated that his trial may last up to three months.
The prosecution plans to seek capital punishment if Kohberger is convicted. However, Kohberger’s defense stated in a document last week that it would be a violation of the U.S. Constitution. The matter will be heard on November 7.
The prosecution expects to use DNA evidence, videos of Kohberger’s cellphone usage, and security footage to link him to the crime.
Kohberger has claimed that he frequently drove late at night, but the data from the cellphone towers would indicate that he was doing so many miles away when the four University of Idaho Students were killed.
