Kohberger Defense Pushes for Change of Venue

True Crime Today | A True Crime Podcast

The judge overseeing the Bryan Kohberger case abruptly paused a hearing Thursday on the potential change of venue for the capital murder trial after a defense expert witness showed social media content in court. Kohberger, a former Washington State University graduate student, is accused of killing four University of Idaho students and faces a capital murder trial scheduled for June 2025.
Judge John Judge, who presides over the case in Idaho’s 2nd Judicial District, listened to arguments from both the prosecution and defense regarding whether the trial should remain in Latah County, where the crime occurred. The hearing saw testimony from three expert witnesses, including Brian Edelman, co-founder of the jury consultancy firm Trial Innovations, hired by the defense to survey prospective jurors' knowledge and opinions about the case in Latah County.
During his testimony, Edelman showed Facebook posts in the courtroom, searching “Moscow murders” on the platform and sharing a screen recording of the search results. “You can see the extent of content that’s out there from groups that are just talking about this case and sharing information and discussing what they think happens, and videos and posts, which may include anything from influencers and podcasters to sharing traditional news stories through local newspapers or television stories,” Edelman explained.
The presentation included various Facebook groups, posts, and videos, many of which used sensationalized language or speculated on case details. Concerned about the impact of displaying such content, Judge Judge stopped Edelman and paused the hearing, which was live-streamed to the public via YouTube.
Kohberger’s lead public defender, Anne Taylor, requested a break to discuss the situation privately. After a 30-minute pause, the court resumed, and Judge announced a one-hour lunch break. He decided that the first 15 minutes following the recess would not be streamed to the public, allowing only the victims’ family members who were watching online to view those first minutes through Zoom. “It’s kind of a compromise,” Judge said. “We thought there were certain things that maybe we don’t want to send out to the public. I don’t necessarily know what it all is, but I need to look at it and see it.”
Kohberger’s defense team has argued that the trial must be moved out of Latah County to ensure his constitutional right to a fair and impartial jury. In court filings, the defense claimed that Latah County has been “utterly corrupted” by news exposure about the case, fostering a “mob mentality within the community.” Anne Taylor and her team seek to move the trial to Boise, Idaho's capital city, located about 300 miles south of Moscow. Boise, situated in the state’s largest county, offers a potentially more unbiased jury pool, Taylor argued.
The defense supported its request for a change of venue with results from a phone survey conducted by a hired trial consultant. However, the survey initially drew criticism from Judge Judge because it polled prospective jurors in the community, potentially tainting the local jury pool. Prosecutors also opposed the defense's motion, arguing that pretrial publicity is common in high-profile cases and does not justify a venue change under Idaho law. “A move to Boise is neither necessary nor convenient,” Latah County Prosecutor Bill Thompson stated in his filing, arguing that the defense's survey results are flawed.
Thompson suggested alternative measures, such as an expanded jury pool, to ensure an impartial jury. Ultimately, the decision rests with Judge Judge. Should he grant the defense’s request to relocate the trial, he could choose to remain with the case unless he opts to withdraw due to the venue change, according to Idaho criminal rules.
Bryan Kohberger, 29, is charged with four counts of first-degree murder in the November 2022 stabbing deaths of University of Idaho students Kaylee Goncalves, Madison Mogen, Xana Kernodle, and Ethan Chapin. Prosecutors have indicated their intention to seek the death penalty if Kohberger is convicted. Any challenges to the death penalty will be addressed in a separate hearing scheduled for early November.
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