Will Bryan Kohberger Moscow murder trial move? ‘Most difficult decision’ in judge’s career

The judge handling the capital murder case of Bryan Kohberger, who is accused of killing four University of Idaho students, held back from making a decision on where the trial should take place after a full day of arguments and expert testimony.

“I would say this is probably, professionally, the most difficult decision I’ve ever had to make,” said Judge John Judge, who is overseeing the case in the 2nd Judicial District in Latah County.

Kohberger, a former Washington State University graduate student, is scheduled for his trial to start in June 2025 in Moscow. Judge heard arguments Thursday from prosecutors and Kohberger’s defense as to whether the trial should remain in the city where the crime occurred.

Kohberger, 29, attended Thursday’s hearing in a black suit with a light blue button-down shirt. He 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 four victims were Kaylee Goncalves and Madison Mogen, both 21, and Xana Kernodle and Ethan Chapin, both 20.

Just before concluding the nearly six-hour hearing, Judge said he would hold off on issuing a decision in court. Both the defense and prosecution demonstrated “really solid positions,” Judge noted.

“I’ll do my best. It’s a challenge,” Judge said. “That’s probably all I should say at this point. But I listened carefully all day, and I thought there were some really important things to think about (from) both sides.”

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 following a deluge of prejudicial media coverage against her client , she said.

“Mr. Kohberger has a constitutional right to fair trial by an impartial jury, and to guarantee that this court must change venue,” Taylor told the court Thursday. “Your Honor has to look at the content of the media and know that there hasn’t been positive stories about Bryan Kohberger. It’s negative stories.”

Latah County has become “utterly corrupted,” which has created a “ mob mentality within the community,” Kohberger’s defense argued in court filings leading up to Thursday’s in-person showdown on the venue change issue. Results from a phone survey about the high-profile case conducted by hired trial consultant prove it must be moved elsewhere, Taylor said.

The defense was backed at the hearing by testimony from four expert witnesses who specialize in jury selection, media analysis, surveying and personal bias through the lens of social psychology. They all came to the same conclusion: The impacts from news reports and social media about the case make Moscow an unsuitable location for Kohberger’s trial.

“It’s continuous, it’s every day: social media, books have been written, prime time television shows have happened in this case,” Taylor said. “It just doesn’t stop, and you know that this is prejudicial coverage.”

Victim’s family prefers trial stay in Moscow

Prosecutors oppose moving Kohberger’s trial out of Moscow. They countered Thursday that Kohberger’s defense had not met the burden required by Idaho law to justify a venue change for trial. Their expert survey data fell within the margin of error and showed that an impartial jury was just as likely to be found in Moscow as it was in Boise, where the defense prefers the trial be held, said Ingrid Batey, special assistant in the Idaho Attorney General’s Office and prosecutor on the case.

“The pervasive media coverage across the entire state has simply created some complications and difficulties. Those are not unique to Latah County,” Batey said. “The more productive conversation to have is, how can we craft questionnaires that will ask jurors factual questions that help us identify sources of bias?”

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.

But to land on 18 qualified people — 12 jurors and six alternates — the court could just as easily call an expanded jury pool of 1,800 residents of Latah County rather than move the trial all the way south to the Ada County Courthouse in Boise, she said.

“The question is, which community is the most likely to give Mr. Kohberger a fair trial?” Batey argued. “We believe those can be dealt with through other measures short of venue change.”

The decision is left to Judge. 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 and brother of Kaylee Goncalves attended Thursday’s hearing and have previously stated their desire for the trial to remain in Moscow. They live about 100 miles north of Moscow in Rathdrum, located in Kootenai County.

“It was a long day, but we hope that he keeps it here or says Kootenai County,” Kristi Goncalves told the Idaho Statesman in an interview following the hearing. “We’d be good with that.”

Their family would still plan to attend the hearing, even if Judge chooses to move the trial as far as away as Boise, Steve Goncalves told the Statesman. But they are joined by some of the other victims’ families in their preference to keep the trial in Moscow, he said, though he declined to identify which ones.

“They also feel that the community that was insulted should have a say in who’s held accountable,” Steve Goncalves said. “But moving it to Boise doesn’t benefit anyone.”

Kohberger hearing paused over social media concerns

Earlier in the day, Judge abruptly paused the hearing on the trial’s potential change of venue after an expert witness for the defense in a presentation showed content from social media in court.

Bryan Edelman, founder of California-based jury consultancy Trial Innovations , 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.”

Kohberger’s lead public defender asked for a break to discuss the situation privately. After a 30-minute in-chamber meeting between the two sides, the hearing resumed. A deal was brokered to continue, but not broadcast. The private court presentation became about 25 minutes of the hearing that considered prejudicial materials to Kohberger and could further spoil the local jury pool if disseminated to the public.

“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.”