Ahead of a hearing next month, attorneys for Idaho student homicides suspect Bryan Kohberger have labeled his prospects at a fair trial in Moscow both an “extreme case” and “utterly corrupted” in seeking a venue change to Boise for his upcoming trial.
In a court filing made public Tuesday afternoon, Kohberger’s public defenders argued that their client’s constitutional right to an impartial jury will be infringed upon without moving the trial out of Latah County, where the crime occurred. In their legal brief, which runs 300-plus pages long, they cited as further justification the “extensive publicity that is ongoing and inflammatory,” including the dissemination of inaccurate information in the news and on social media that would also be inadmissible at trial.
“The publicity has been extremely pervasive in the small community of Latah County,” wrote Anne Taylor, Kohberger’s lead public defender. “Remediations, such as enlarging the jury pool, will not cure the problem.”
Ada County, the state’s largest county with more than 500,000 residents and home to the capital, Boise, has “more than 10 times as many potential jurors than Latah County,” and gives Kohberger the best chance at an impartial jury, the filing read.
“Latah County is, in all regards, a nice, quaint close-knit community that sticks together,” Taylor wrote. “While a small, close-knit community is what is hoped for in a small town, constitutional rights must still be carefully protected. Mr. Kohberger has the right of a presumption of innocence; he is guaranteed the protection of a fair jury and due process of law.”
Kohberger, 29, is charged in the November 2022 stabbing deaths of four University of Idaho students, which have drawn considerable attention from across the nation and world. The victims were seniors Madison Mogen and Kaylee Goncalves, each 21, junior Xana Kernodle and freshman Ethan Chapin, each 20.
Kohberger faces four counts of first-degree murder and one count of felony burglary in the case. Prosecutors intend to seek the death penalty for Kohberger if a jury convicts him.
Prosecution, victim’s family oppose moving trial
Judge John Judge, of Idaho’s 2nd Judicial District in Latah County, will ultimately determine whether to grant the requested venue change elsewhere in Idaho. He had set a Monday deadline for Kohberger’s defense to file its arguments ahead of a scheduled Aug. 29 hearing on the matter.
At that hearing, the defense said it planned to call four witnesses. They include a trial consultant the defense hired to survey prospective jurors to justify the change of venue, a survey researcher, a social psychologist who studies bias and a media analyst.
Latah County Prosecutor Bill Thompson, who is leading the case against Kohberger, has said he opposes moving the trial out of Moscow. The defense’s claims about publicity of the high-profile case don’t support sending it elsewhere in the state, he previously said.
“I don’t think that a change of venue is going to solve any of these problems,” Thompson told the court at a hearing earlier this year. “The state’s position on venue is that the case should be held here. It’s a Latah County case. We believe that we can select an appropriate panel of jurors from Latah County.”
His formal reply to the defense’s latest filing is due by Aug. 12. Kohberger’s defense team may submit a rebuttal a week later.
If Judge were to grant the venue change for Kohberger’s trial — to Ada County or elsewhere — he also has the choice on whether he keeps the assignment and stays with the case, under Idaho criminal rules. If, however, he decided to withdraw, the Idaho Supreme Court would pick the judge to replace him.
Last month, Judge set a start date for Kohberger’s capital murder trial of June 2025. The trial would be held in Latah County, where the crime took place, if Judge does not grant the defense’s request for a venue change over concerns about local juror bias against their client.
Through their attorney, the family of Kaylee Goncalves said last month in a statement to the Idaho Statesman that they approved of setting a trial date after 13 months of waiting since Kohberger’s May 2023 arraignment. But they also noted their desire for Kohberger’s trial to stay in Moscow, where he has remained jailed since January 2023.
“We are hopeful the trial stays in Latah County so as not to disrupt the scheduling order, and we are praying for no more delays,” the statement read.
In their filing, Kohberger’s attorneys also argued that logistics also warranted moving the high-profile case to the Ada County Courthouse in Boise, where separate murder trials for Lori Vallow Daybell and husband Chad Daybell were held. Compared to Latah County, the size of the courtroom in Ada County offers adequate space and an overflow area for the large amount of the public who are expected to want to watch the trial, they wrote.
In addition, the Ada County Courthouse offers appropriate security for all parties, including jurors, Kohberger’s defense wrote. And access to the state’s largest airport will be important for the likely extensive lists of witnesses traveling in and out of town for what is scheduled to be a 14-week trial with possible sentencing, running from June 2 to Aug. 29, 2025.
