UPDATED AT 1:36 P.M.: Judge grants Kohberger’s request to change the trial venue (WITH DOCUMENTS)

UPDATED AT 1:36 P.M.:

Bryan Kohberger’s trial will be held in another county, according to a ruling by Latah County District Judge John Judge.

In a written order filed Friday, Judge granted the murder suspect’s request to change the venue of his trial, which is scheduled for summer 2025.

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.

Judge did not specify the county where the trial will take place. According to Idaho law, he can refer that decision to the Idaho Supreme Court.

Idaho Supreme Court spokesman Nate Poppino confirmed to the Daily News that the Idaho Supreme Court will assign the new venue. In this case, it will also assign a new judge, he said.

Per Idaho Code, Latah County must still cover the cost of the trial.

Judge wrote that his decision is meant to protect Kohberger’s right to a fair trial. He also shared concerns regarding the security and privacy of a Latah County trial.

Judge agreed with the defense’s argument that Latah County’s relatively small community, and its exposure to media coverage of Kohberger, will make it difficult to find an impartial jury.

Judge referred to the testimony of Bryan Edelman, Amani El-Alayli and Todd Murphy. All three testified during an Aug. 29 court hearing.

Edelman and Murphy analyzed the media’s coverage of Kohberger across different counties.  Edelman surveyed residents in four counties, including Latah County, and gathered data on their opinions about the case. They both testified that Latah County residents are more affected by the intense media coverage surrounding Kohberger.

Edelman testified that 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.

El-Alayli testified that intense publicity surrounding a case can cause jurors to have confirmation bias and form an opinion before the trial.

Judge wrote that Edelman and El-Alayli “expressed great concern over the emotional experiences, feelings of fear, and personal connections of Latah County residents.”

Their research shows it is far more likely for Latah County jurors to know someone involved in the case, Judge wrote, and that it is harder to keep the identity of jurors private in a smaller community.

Judge said Kohberger’s defense has met the “rather low standard of demonstrating ‘a reasonable likelihood’ that prejudicial news coverage will compromise a fair trial in Latah County.”

Kohberger’s attorneys argued these issues can be resolved by moving the trial to a county with a larger population, like Ada County.

While Judge didn’t decide on where the trial should be held, he shared concerns about the security and privacy of a Latah County trial.

“While Latah County court staff and court security are ready and willing to facilitate this trial to the best of their ability, there are serious issues that cannot be resolved no matter how much planning and preparation is done,” he wrote.

He said the Latah County Sheriff’s Office lacks the number of officers needed to provide security for the trial while continuing to perform their daily duties of responding to calls. He said the Moscow Police Department and Idaho State Police cannot assist with security because many of their officers may be asked to testify at trial. He also doesn’t want to pull their officers away from their normal duties.

He also said Latah County doesn’t have enough court clerks to manage the jury selection process, which would require processing information about 6,000 potential jurors.

Judge believes the small Latah County Courthouse doesn’t have the space to protect the privacy of jurors and witnesses, or to comfortably seat 18 jurors for three months.

“Thus, the interest of justice requires that the trial be moved to a venue with the resources, both in terms of personnel and space, necessary to effectively and efficiently handle a trial of this magnitude and length so that the parties and the Court can focus on the case and not on peripheral issues.”

Kohberger’s attorneys want the trial to be moved to Ada County. They also offered Canyon and Bannock counties as other options, as those were the other counties that Edelman surveyed.

Deputy Attorney General Ingrid Batey, who is assisting the prosecution, argued for keeping the trial in Latah County during the Aug. 29 hearing. However, she said if the trial must be relocated, she suggested moving it to neighboring counties like Kootenai and Nez Perce.

Batey said this would be more convenient for the families of the victims, witnesses in the case and county staff who must attend the trial.

Kuipers can be reached at akuipers@dnews.com.

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ORIGINAL STORY:

Bryan Kohberger’s trial will be held in another county, according to a ruling by Latah County District Judge John Judge.

Judge granted the murder suspect’s request to change the venue of his trial, which is scheduled for summer 2025.

Judge did not specify the county where the trial will take place. According to Idaho law, he can refer that decision to the Idaho Supreme Court.

For more on this, see Tuesday's Daily News.