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Judge halts Bryan Kohberger hearing in Moscow after defense shows social media posts

Sally Krutzig and Kevin Fixler, Idaho Statesman on

Published in News & Features

MOSCOW, Idaho — The judge overseeing the Bryan Kohberger case abruptly paused a hearing on the capital murder trial’s potential change of venue Thursday after an expert witness for the defense in a presentation showed content from social media in court.

Kohberger, a former Washington State University graduate student accused of killing four University of Idaho students, is scheduled for his capital murder trial in June 2025. Judge John Judge, who is overseeing the case in the 2nd Judicial District, heard arguments Thursday from both sides as to whether the trial should remain in Latah County, where the crime occurred.

Three expert witnesses were called before the lunch break, the final being defense witness Brian Edelman, co-founder of California-based jury consultancy Trial Innovations. The defense hired him to conduct a survey of the knowledge and opinions of prospective jurors in Latah County of the case.

Edelman showed Facebook posts in the courtroom during his testimony. Edelman searched “Moscow murders” on the platform and shared a screen recording of him scrolling through the 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 said.

A number of Facebook groups, posts and videos appeared on screen, many of which used sensationalized language or speculated about case details.

Judge then stopped Edelman and paused the hearing, which was live-streamed to the public through YouTube.

“I don’t think we need to advertise all these, honestly,” Judge said. “We’ve been trying to protect from this kind of stuff. I’m aware of it, I don’t look at it, I don’t read it.”

Anne Taylor, Kohberger’s lead public defender, asked for a break to discuss the situation privately. About 30 minutes later, court resumed, and Judge said they would take a one-hour lunch break. Judge decided the first 15 minutes following the recess would not be streamed to the public. Victims’ family members who were watching online were granted an exception and allowed to view those first minutes through Zoom, Judge said.

“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.”

Defense continues push for venue change

Kohberger’s defense team has argued in court filings that its client cannot receive his constitutionally guaranteed right to a fair and impartial jury if his murder trial is held in the city where the crime occurred. In defense attorneys’ justifications ahead of Thursday’s hearing, they have called Latah County “utterly corrupted” by the level of news exposure about the case, which has generated a “mob mentality within the community.”

 

Led by attorney Anne Taylor, Kohberger’s defense seeks to move his murder trial to the courthouse in Boise, about 300 miles south of Moscow. Idaho’s capital city, situated in the state’s largest county, gives Kohberger his best shot at an unbiased jury pool, Taylor has argued.

The defense has bolstered its argument with results from a phone survey conducted by a hired trial consultant. The survey work initially drew the ire of Judge because it polled prospective jurors in the community and stood to taint the local jury pool, prosecutors argued. Judge ultimately allowed the defense to complete its polling work of its designated counties to build its case for a venue change.

Kohberger, 29, faces four first-degree murder charges in the November 2022 stabbing deaths of the U of I students at an off-campus home in Moscow. The victims were Kaylee Goncalves and Madison Mogen, both 21, and Xana Kernodle and Ethan Chapin, both 20.

Prosecutors intend to seek a death sentence for Kohberger if he is convicted. Any possible challenges to the death penalty are scheduled for a court hearing in early November.

Meanwhile, prosecutors oppose moving Kohberger’s trial out of Moscow. They argued in a court filing that pretrial publicity is common in high-profile cases and is not itself enough to justify a venue change under Idaho law.

A move to Boise is neither “necessary or convenient,” Latah County Prosecutor Bill Thompson wrote in his court filing earlier this month. He argued the defense’s survey results are flawed and that the court could still seek other avenues, including an expanded jury pool, to achieve an impartial group of people capable of offering Kohberger a fair trial.

The decision is left to Judge, of Idaho’s 2nd Judicial District in Latah County. Should he choose to grant the defense’s request to move the trial, he would stay with the case unless he opts to withdraw on account of the venue change, under Idaho criminal rules.

The parents of victim Kaylee Goncalves have previously stated their hope the trial remains in Moscow. They live about 100 miles north of Moscow in Rathdrum, Idaho.

On Thursday morning, the Goncalveses posted a message to a Facebook page they maintain related to the case that they planned to attend the day’s hearing in Moscow.

“Please lift us up in prayer today,” the post read. “This is a huge day for our family. We are anxiously waiting.”

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©2024 Idaho Statesman. Visit at idahostatesman.com. Distributed by Tribune Content Agency, LLC.

 

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