Kohberger's Legal Team Argues for Fair Trial Amid "Litany of Rumors"

The Idaho Murders | The Case Against Bryan Kohberger

Bryan Kohberger, the man accused of fatally stabbing four University of Idaho students, faces a legal battle not only in court but also in the court of public opinion. In an extensive legal filing made public last week, his defense team detailed the challenges of ensuring a fair trial in Latah County due to what they describe as a "litany of rumors and conjecture."
Kohberger, 29, is charged with four counts of first-degree murder and one count of felony burglary in connection with the November 2022 deaths of Madison Mogen, Kaylee Goncalves, Xana Kernodle, and Ethan Chapin. The trial is set to begin on June 2 next year, but the defense is pushing for a change of venue, citing pervasive and prejudicial publicity in Latah County.
"Bryan Kohberger cannot receive a fair trial in Latah County as protected by his rights under both the United States and Idaho Constitutions because of the pervasive, inflammatory, often inaccurate, and highly prejudicial publicity," public defender Anne Taylor argued in the filing.
To bolster their case, Kohberger's defense team conducted a phone survey of potential jurors. One question asked was, "What rumors or theories, if any, have you heard about these murders, Bryan Kohberger, or the victims?" The responses revealed a range of unfounded rumors, including allegations that Kohberger was linked to murders in other states, stalked the victims, or was romantically rejected by one of the victims.
"I've heard that Kohberger has been linked to other murders in Washington and Pennsylvania," one respondent said, while another mentioned a rumored connection to a murder in Oregon.
The document also included a press release from the Moscow Police Department addressing media inquiries about similar unsolved cases. "While these cases share similarities with the King Street homicides, there does not appear to be any evidence to support the cases are related," police stated. Notably, Kohberger was only four years old at the time of one of these incidents.
Despite these rumors, authorities have not identified Kohberger as a suspect in any other cases. He was arrested in Pennsylvania at his parents' home on December 30, 2022, after traveling cross-country from Washington to spend the holidays with his family. During this trip, Kohberger and his father were stopped twice by police in Indiana for following too closely but were let off with warnings.
The defense's survey also highlighted local biases, with over 98% of respondents aware of the case and 68% following it closely. Approximately 67% of potential jurors familiar with the case believe Kohberger is guilty. "Prospective jurors who have been exposed to prejudicial pretrial publicity enter the courtroom with case-specific knowledge gleaned from the media, social media, and discussions with friends, family members, and co-workers," the defense argued.
The small population of Latah County, around 39,500, contrasts with Ada County's nearly 495,000, offering a larger pool of potential jurors. "Ada County is the largest county in Idaho with more than ten times as many potential jurors than Latah County," the defense stated. The defense further argued that Ada County's larger courtrooms could better accommodate the high-profile trial.
Dr. Jill Leibold, a Senior Jury Consulting Advisor with IMS Legal Strategies, explained how media coverage can impact jurors. "We have unconscious attitudes and feelings about certain things and the more exposure that you have, it's additive, it builds up," Leibold told Newsweek. She emphasized that smaller communities retain such high-profile cases in their collective memory more than larger venues.
Leibold underscored the importance of thorough jury selection to ensure a fair trial. "Have they taken action somehow? Have they talked about it? Have they written about it, sought out articles, researched more information? Those are the people who are less likely to be able to keep an open mind or to be fair," she noted.
Prosecutors, however, oppose the change of venue. "I don't think that a change of venue is going to solve any of these problems," Prosecutor Bill Thompson said. The court is set to rule on the motion after the defense and prosecution submit their final arguments in mid-August.
As the legal proceedings continue, the challenge remains to find an impartial jury to ensure a fair trial for Kohberger amid the pervasive media coverage and public interest in the case.

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