Idaho quadruple murder suspect Bryan Kohberger demands huge change as lawyers say his chances of a fair trial are ‘utterly corrupted’
In a court document made public Tuesday afternoon, attorneys for the 29-year-old criminology student argue that the three-month trial should be moved from Moscow, Idaho, to the capital, Boise.
They argue that their client’s constitutional right to a fair trial would be “completely violated” if this were to take place in Latah County, where he allegedly murdered University of Idaho students Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin in their off-campus home.
The lawyers cited “extensive publicity that is ongoing and inflammatory,” including the dissemination of false information in the news and on social media that would not be admissible at trial, reports the Idaho Statesman.
Attorneys representing 29-year-old quadruple murder suspect Bryan Kohberger are demanding his trial be moved from Moscow, Idaho to Boise, Idaho
The nearly 320-page filing says media coverage began as soon as police found the four students dead in their King Road home, and became “more extensive” during the subsequent six-week police investigation.
In addition to traditional media, the story was also covered in magazines, books, television crime shows, podcasts and on social media, Kohberger’s attorneys wrote.
“The publicity has been tremendous in the small community of Latah County,” wrote Anne Taylor, the chief public defender.
‘Adjustments, such as increasing the number of jurors, will not solve the problem.’
She further argued that Ada County, the state’s largest county and home to the capital, “has more than 10 times as many potential jurors as Latah County” and offers Kohberger the best chance at an impartial jury.
“Latah County is by all accounts a fun, friendly, close-knit community that sticks together,” Taylor wrote, according to the Statesman.
‘While in a small town you hope for a small, close-knit community, constitutional rights still need to be carefully protected.
“Mr. Kohberger is entitled to the presumption of innocence; he is entitled to the protection of a fair jury and a fair trial under the law,” she argued.
Kohberger is accused of killing University of Idaho students (L-R) Kaylee Goncalves, Madison Mogen, Ethan Chapin and Xana Kernodle on November 13, 2022
Defense attorneys also argued that logistical circumstances warrant moving the trial to the Ada County Courthouse in Boise, where the high-profile trials of the mother of the deceased, Lori Vallow, and her husband Chad Daybell, have taken place.
The size of the courtroom provides ample space, with a large additional room for the large crowds expected to watch Kohberger’s trial, the attorneys argued.
It also provides the necessary security for all parties, including jurors. In addition, access to the state’s largest airport is important for all witnesses traveling in and out of the city.
But Latah County District Attorney Bill Thompson, who is leading the case against Kohberger, has said he opposes moving the trial out of Moscow.
He previously argued that the defense’s claims about the publicity surrounding the high-profile case do not warrant moving the case elsewhere in the state.
According to the Statesman, Thompson said at a hearing earlier this year, “I don’t think a change of venue is going to solve the problems.”
“The state’s position on venue is that the case should be held here. It’s a Latah County case.
“We are confident that we can select a suitable panel of jurors from Latah County,” he argued.
The students were found dead that day in their off-campus home, which has since been demolished.
The family of victim Kaylee Goncalves told the Statesman last month through her lawyer that they also want the trial to remain in Moscow, where Kohberger has been held since January 2023.
“We hope that the trial in Latah County will proceed so that the schedule is not disrupted. We pray that there will be no delays,” the statement said.
They also indicated they agreed to set a trial date after Kohberger had already waited more than a year since his May 2023 indictment.
His initial trial date was set for October 2023, but Taylor has requested multiple postponements and further hearings since his arrest.
Kohberger’s team even delayed the announcement of his official alibi until May 2024.
When he was finally able to provide his alibi, prosecutors pulled no punches. Kohberger claimed that on the night of the murders he was “driving alone” “to look at the moon and stars.”
In that document, Taylor said she would hire an expert in phone data analysis to support his claims that he was miles away from the crime scene, one of the pieces of evidence over which prosecution and defense have repeatedly clashed.
Prosecutors allege surveillance footage showed a white Hyundai that resembled Kohberger’s as he fled the scene of the crime
Cell phone records produced by prosecutors show that the route Bryan Kohberger allegedly drove on the night of the brutal murders in Idaho could be a crucial piece of evidence in the state’s case against the 28-year-old. In his alibi application, his lawyers say they plan to contest the data
Kohberger has maintained his innocence since his arrest in December 2022, more than a month after the killings that shocked the country.
The months-long search for the alleged killer generated widespread media attention, with the victims’ families drawing attention to the proceedings against Kohberger.
In December 2023, the mother of victim Kaylee Goncalves said the trial was “heartbreaking.”
“It’s heartbreaking how slow everything has to go. Why does this have to take so long?” Kaylee’s mother Krisi said in an interview with KHQ.
“It’s important, I get it, but there are facts, we have certain facts, we have certain knowledge. I can’t believe this is how it works.”
A memorial was erected at the university for the four students following their shocking deaths
In December, authorities in Idaho came under fire again after the off-campus home where the four students were stabbed to death was demolished against the wishes of the victims’ families.
Although both the Public Prosecution Service and the defense agreed to the demolition, the families were against it. Goncalves’ relatives feared that this would destroy ‘one of the most important pieces of evidence in the case’.
Before the house was demolished, the scenes inside the home were so gruesome that exclusive footage from DailyMail.com showed blood trickling down the outside of the house.
When he was arrested, prosecutors cited partial DNA matches found on a Ka-Bar knife sheath found in the home. No murder weapon has ever been found.
The scenes inside the house were so gruesome that blood was seen dripping down the outside of the property’s wall, in what detectives described as the worst crime scene they’d ever seen.
In January 2023, investigators were seen removing a blood-stained mattress from the home where four people from the University of Idaho were murdered
In an ongoing back-and-forth dispute over such evidence in court — which also included cellphone records and alleged surveillance of Kohberger’s car at the crime scene — the defense alleged that prosecutors have failed to disclose what they could present in court.
Taylor filed a motion last month to compel the defense to do so, arguing that they are restricted by certain federal laws because of the FBI’s involvement in the case.
The defense also filed a motion to dismiss the entire case, arguing that he was indicted by a biased grand jury and that the case was tainted by prosecutorial misconduct and the admission of invalid evidence. The motion was denied.
Judge John Judge will ultimately decide whether to grant the defense’s request to amend the case.
He set a Monday deadline for the defense to file its arguments ahead of the Aug. 29 hearing. A formal response from prosecutors is due Aug. 12.
Kohberger’s defense team can ask for a rebuttal a week later.
During the hearing, the team is expected to call four witnesses, including a litigation consultant they hired to interview potential jurors to justify the change of venue, a pollster, a social psychologist who studies bias and a media analyst, the Statesman reports.