Attorneys spar over Kohberger trial venue

Bryan Kohberger’s attorneys stood in front of Latah County District Judge John Judge on Thursday and argued that biased media coverage surrounding the November 2022 murders of four University of Idaho students has made it impossible for the suspect to receive a fair trial in Latah County.

The prosecution argued that an impartial jury can still be found in Latah County.

Judge heard these arguments and will now contemplate what he called “professionally, the most difficult decision I ever had to make.”

Kohberger’s defense team, led by Anne Taylor, called witnesses to testify Thursday in support of their argument that Kohberger’s trial next summer should be moved to Ada County. They also offered Canyon and Bannock counties as other options.

One of those witnesses, Dr. Bryan Edelman, was hired to survey prospective jurors in Latah, Ada, Canyon and Bannock counties. Ada and Canyon counties were chosen for their large population size and Bannock County was chosen for its geographical distance from Latah County.

Edelman, a trial consultant from Trial Innovations, is an expert on surveys gauging pretrial publicity of a case.

Edelman’s surveys questioned people about their awareness of the Kohberger case and their opinion of the defendant. He said that based on his Latah County data, the crime has been “seared in the community’s consciousness.” This has hurt due process in this case, he said.

“I think that the presumption of innocence has been undermined,” he said.

Among his survey results, 67% of people surveyed in Latah County believe Kohberger is guilty. He said 76% lived in Moscow or knew someone who lived in Moscow during the time of the murders.

Edelman argued that too many people in Moscow have connections to those involved in the case, too many rumors have been spread about Kohberger and too many feel pressured to convict him.

While highlighting how TV and social media have spread speculation about the case, Taylor showed screenshots of “Moscow Murders” Facebook groups and played a video of TV personality Nancy Grace interviewing Idaho attorney Tara Malek about Kohberger’s defense strategy. This was not shown during the livestream of the hearing because Judge was concerned about these examples further adding to the rumors surrounding the case.

Latah County Prosecutor Bill Thompson was also concerned by this content, which he called “inflammatory.”

The prosecution team did not cross-examine Edelman.

Taylor also asked Eastern Washington University social psychology professor Dr. Amani El-Alayli to testify.

El-Alayli said intense publicity surrounding a case can cause jurors to have confirmation bias and form an opinion before the trial. She added that authority figures like former Moscow Police Chief James Fry and UI President Scott Green have reaffirmed the community’s belief that Kohberger is the killer.

She said it would not be feasible to find an impartial jury in Latah County.

Todd Murphy, president of Truescope, was brought on as a witness to discuss the media coverage of the case. He was hired to analyze media stories of the case from February 2023 to this summer.

He said people in Ada County are less affected by the extensive media coverage. This was echoed by Edelman, who said that people in Ada County have less personal ties to Moscow and the case.

The prosecution, however, pointed to the data that shows there were more media stories about Kohberger in Ada County compared to Latah County during certain months, including when Kohberger was indicted in May 2023.

Deputy Attorney General Ingrid Batey, who is assisting the prosecution, argued there has been intense media coverage across Idaho, including Ada County.

She said the juror questionnaires can help mitigate bias among the jurors and said as many as 1,800 potential jurors can be summoned in Latah County. Batey also said Latah County is a more convenient location for the families of the victims, witnesses in the case and county staff who must attend the trial.

If the trial is moved, she suggested that neighboring counties like Kootenai and Nez Perce counties are better options than Boise.

Taylor said there is enough evidence to show that media coverage has affected the impartiality of jurors in Latah County.

She called the media prejudicial and said reporters have not shared positive stories about Kohberger, such as his good grades in school, how he is loved by his family and how he loves his dog.

Kohberger faces four counts of first-degree murder and one count of burglary in the November 2022 stabbing deaths of University of Idaho students Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin. He faces the death penalty if convicted.

Kuipers can be reached at akuipers@dnews.com.