Defense team for man accused of University of Idaho killings makes case to move trial

The defense team for Bryan Kohberger, the man accused of stabbing four University of Idaho students to death in November 2022, is trying to move the trial out of Latah County. 

Kohberger’s murder trial is scheduled for June 2025, and the state of Idaho has made it clear it intends to pursue the death penalty. 

His lawyers spent the Thursday hearing arguing the trial should be moved from the college town of Moscow, where the crime occurred, to Ada County, the home of Idaho’s largest city, Boise. 

“Everything that happens in this case is on social media, and all kinds of things that don’t happen in this case run rampant in news stories and social media stories and impact all of the jurors,” said Anne Taylor, one of the attorneys for Kohberger. The  hearing was livestreamed to the public on YouTube.

For years, the killings of the young college students have garnered international attention in the news and on social media. At times, it made the investigation challenging.

The defense called four expert witnesses to the stand during the hearing with expertise in media analysis, jury selection, surveying and the psychology of personal bias.

One of the witnesses was Bryan Edelman, co-founder of the California-based jury consultancy Trial Innovations. Kohberger’s defense team hired Edelman to conduct a survey of prospective jurors in Latah County for the murder trial. 

In previous court filings, Taylor has argued that Latah County survey respondents said there would be a riot if Kohberger wasn’t convicted, and there is a “mob mentality” within the community. 

During the hearing, Edelman showed a screen recording of him searching “Moscow Murders” online as he scrolled through the results. Videos and posts appeared with sensationalized headlines about the case.

“I don’t think we need to advertise all these, honestly,” said District Court Judge John Judge, who stopped Edelman and paused the hearing.

Taylor asked for a break to talk about the situation. The judge decided a certain portion of the hearing would not be streamed to the public, granting an exception for the victims’ family members watching through Zoom.

“We thought there were certain things that maybe we don’t want to send out to the public,” he said. 

In her closing arguments, Taylor argued a fair trial cannot happen in Latah County because of the constant media produced around the case.

“Books have been written, prime time television shows have happened in this case, it just doesn’t stop,” Taylor said. “You know this is prejudicial coverage.”

The barrage of media creates a bias in the potential jurors, she said. “It is a tiny little community, and this case needs to move.”

Prosecutors argued the case does not support a change of venue, saying the defense had not met the burden required by Idaho law to move the location and that media coverage of the case is everywhere. 

“When it comes to bias itself within a community, the court can take this entire 300-plus page document of all the survey responses and look at these surveys and see that this pervasive media coverage across the entire state has simply created some complications and difficulties,” said Ingrid Batey, lead deputy attorney general for the state of Idaho and prosecutor on the case. “Those are not unique to Latah County.”

The survey data fell within a margin of error, argued Batey. If the judge were to move the court, “Kootenai County or Nez Perce County would be a far more logical choice,” she said. 

The two north Idaho counties are closer and it would be easier not to transport all the evidence for the case nearly 300 miles south, Batey said.

Two of the victims, Madison Mogen and Kaylee Goncalves, were from towns in Kootenai County. Mogen lived in Coeur d’Alene, while Goncalves’s family live in Rathdrum. The Goncalves family has previously said they want the trial to remain in Moscow.

Steve Goncalves wipes tears from Kristi Goncalves’ cheek, right, as the two parents of Kaylee Goncalves attend the dedication ceremony for the Vandal Healing Garden and Memorial on Aug. 21 in Moscow. (Credit: Liesbeth Powers / Moscow-Pullman Daily News)

Rather than a venue change, Batey also proposed the court could bring in jurors from Nez Perce County.

“Lewiston is approximately 30 minutes away,” Batey said. “The court could deal with that in scheduling and making those accommodations.” 

Crafting questionnaires with factual questions, excusing jurors who are too close to the case and sealing some of the upcoming hearings were some of the solutions proposed by the state.

Latah County has budgeted $150,000 for trial expenses, which includes travel and lodging costs for jurors and bailiffs. The typical budget for trials in the small north Idaho county is $3,000. 

Judge said there were many practical considerations in terms of logistics and prejudicial media, and that there were some really important points to consider on both sides. 

“I would say this is probably, professionally, the most difficult decision I’ve ever had to make,” he said. Judge will issue his decision at a later date. 

A healing garden and memorial for deceased U of I students and the four victims, Madison Mogen, Kaylee Goncalves, Ethan Chapin and Xana Kernodle, was built over the summer on the university’s campus. 

Community members, University of Idaho staff and students visit the new Vandal Healing Garden and Memorial at the dedication ceremony on campus on August 21. (Credit: University of Idaho)