MOSCOW, Idaho — Bryan Kohberger’s defense attorney argued that immense, “prejudicial” media coverage tainted potential Latah County jurors, and moving the case to Boise is the best remedy for a fair trial next year.
Prosecutors say a large jury pool will alleviate the defense’s concerns, and moving the trial 300 miles from the Palouse would be inconvenient and costly.
Latah County District Judge John Judge said each side made solid points, and his work is cut out for him to make what he said is probably his most difficult decision of his law career.
“I’ll do my best, but it’s a challenge,” Judge said after Thursday’s all-day court hearing.
Kohberger, who wore a light blue dress shirt and black suit jacket, is accused of killing University of Idaho students Ethan Chapin, Kaylee Goncalves, Madison Mogen and Xana Kernodle in November 2022 at a home just off the university’s campus.
The former Washington State University student was arrested that December in Pennsylvania and, after being flown back to the Palouse, has been held at the Latah County Jail in Moscow. He is scheduled for a three-month trial starting in June. Prosecutors are seeking the death penalty.
The long hearing comprised of four defense witnesses, including Dr. Bryan Edelman, a trial consultant who cofounded California-based Trial Innovations.
Edelman said it was appropriate to change the trial venue because Latah County residents have been saturated with biased media coverage, have direct and indirect connections to the crime and may feel pressure from the community to convict Kohberger.
Edelman said he found about 440 articles about Kohberger published in the Moscow-Pullman Daily News; University of Idaho student newspaper, the Argonaut; and the Lewiston Tribune from 2022 to June 2024.
The defense’s first witness, Todd Murphy, president of Truescope, said his Omaha, Nebraska-based media monitoring and analysis service has been tracking the “extreme amount” of media coverage of the case since early 2023 and its effect on communities across the nation, including in Idaho.
Murphy said his data showed the media exposure in Ada County, where Boise is located, has been far less than in Latah County for the majority of the time since early 2023. He said the data proves the case will always be of greater interest on the Palouse than in the Treasure Valley.
Edelman said the case generated significant content and discussion on social media, including troubling rumors and misinformation.
Anne Taylor, Kohberger’s attorney, showed a clip of a news interview with former Moscow Police Chief James Fry, who said in the interview he was certain Kohberger was the killer. Edelman said the strong statement created a “presumption of guilt,” which has prevailed in the Latah County community.
Edelman’s conclusions were largely based on phone surveys he conducted with Latah County residents, as well as comparison surveys in Ada, Bannock and Canyon counties to assess the affect media coverage has had on them.
The survey found 98% of the Latah County respondents were familiar with the Kohberger case and 68% reported following the case “somewhat” or “very” closely, Edelman wrote in court documents.
About 67% of respondents who knew about the case reported Kohberger is guilty of murder and 51% of respondents reported Kohberger would have a difficult time convincing them he is not guilty of murder. Fifty-two percent of respondents believed the jury should sentence Kohberger to death if convicted.
The surveys determined the three southern Idaho counties also had “significant case recognition and bias,” Edelman wrote. About 93% of Ada County respondents have heard about the case and 68% believe Kohberger is guilty of murder. Fifteen percent reported they followed the case “very closely” compared to 29% in Latah County.
Dr. Amani El-Alayli, a social psychology professor at Eastern Washington University, testified that it would be nearly impossible for a Latah County juror to be objective about the case and recommended the trial be held in a community as far removed, “physically and psychologically,” from Latah County as possible.
She said pretrial publicity, events such as vigils honoring the slain students, and potential pressure from community members to convict Kohberger would make it extremely difficult for many Latah County residents to be objective.
“If you get exposed to publicity, you’re more likely to render a judgement of guilt,” El-Alayli said.
She said “classical conditioning,” or pairing Kohberger’s name and face with words like, “killer” or details of the homicides, can create a bias among potential jurors.
El-Alayli argued confirmation bias and cognitive dissonance could also sway a jury. For example, she said a potential juror could have clashes within themselves, thinking Kohberger is innocent while also knowing their community wants a conviction. They might fear returning to their community knowing they acquitted Kohberger, she said.
Taylor told the court Kohberger has a constitutional right to a fair trial by an impartial jury and the court must change the trial venue to guarantee that. Prejudicial and negative media coverage, including books, primetime television shows and social media, have permeated Moscow and the nation, leading to a prejudiced prospective Latah County jury, she said.
Coverage dips at times, but court hearings bring the case back into the limelight, Taylor said.
Taylor added that Latah County residents are connected to the case through community leaders and relationships with the university, creating a bias that cannot be fixed at jury selection. Taylor questioned whether residents would be brave enough to deliver a “not guilty” verdict because the pressure to convict in Latah County is “great.”
“A right to a fair trial cannot happen in Latah County,” she said.
Taylor argued Ada County residents have fewer connections to the case. Plus, she said the Boise courthouse allows jurors to more easily access the courthouse, away from media members.
“We are mindful that’s a lot of miles away from here, but at the end of the day, the interest that we have is to protect Bryan Kohberger’s constitutional rights,” Taylor said.
Prosecutors did not call any witnesses.
Deputy Attorney General Ingrid Batey, who is assisting Latah County prosecutors, said some of Edelman’s survey results showed closer results between Latah and Ada residents than the defense outlined, especially considering a 5% margin of error.
She said they could develop jury questionnaires that eliminate biases the defense worried about. The court could also consider sealing upcoming hearings and documents that could be prejudicial, Batey said.
Although Ada County’s population is much higher than Latah’s, Batey said the court can still easily summon 1,800 jurors in Latah County.
She suggested moving the trial to closer venues, like Kootenai or Nez Perce counties, if the court decided a change in venue was needed. The closer venues would allow people involved in the trial to go home each night and reduce expenses. She said prospective jurors could also be brought from Nez Perce County to Latah.
Batey said keeping the trial in Latah County would reduce travel and accommodation expenses. Plus, transporting evidence to Boise and pulling prosecutors and law enforcement away from the Palouse for three months would be burdensome.
