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Judge moves trial of Idaho student killings suspect Bryan Kohberger due to presumed prejudice
By By Cheri Mossburg and Eric Levenson, CNN,
2 days ago
(CNN) — An Idaho judge ruled Monday to move the upcoming murder trial of Bryan Kohberger, the man charged with killing four University of Idaho students in 2022, due to concerns that the local community in Moscow is prejudiced against him.
“Considering the undisputed evidence presented by the defense, the extreme nature of the news coverage in this case, and the smaller population in Latah County, the defense has met the rather low standard of demonstrating ‘reasonable likelihood’ that prejudicial news coverage will compromise a fair trial in Latah County,” the judge wrote in the order granting the change.
Kohberger’s defense team had requested to move the case out of town, saying in a recent memorandum and August hearing that he can’t receive a fair trial in Latah County because of “inflammatory” publicity. But prosecutors rejected that argument, saying the court could put in place other measures to ensure a fair trial.
Judge John Judge sided with the defense in Monday’s change of venue ruling.
“The court has spent many months carefully considering the legal and logistical concerns with a trial of this length and magnitude, carefully reading each submission, listening to each expert, and evaluating each party’s position,” he wrote. “Based upon the totality of the factors, Defendant’s Motion for Change of Venue is granted.”
The decision does not specify a new trial location. Instead, Judge referred the case to an administrative director of the courts, and the state Supreme Court will assign both a new venue and judge.
Judge accepted the defense’s survey results showing that locals may not be impartial in the case. He also highlighted logistical issues with holding the trial in Latah County, noting there are not enough county sheriff deputies, court clerks or courthouse space to accommodate such a big trial.
“Thus, the interest of justice requires that the trial be moved to a venue with the resources, both in terms of personnel and space, necessary to effectively and efficiently handle a trial of this magnitude and length so that the parties and the Court can focus on the case and not on peripheral issues,” he wrote.
The ruling is part of the long and winding road since four University of Idaho students – Kaylee Goncalves, Ethan Chapin, Xana Kernodle and Madison Mogen – were fatally stabbed in the overnight hours of November 13, 2022, at a home just off the school’s main campus in Moscow.
Kohberger, a Washington State University graduate student in criminology, was arrested in the killings on December 30, 2022, in his home state of Pennsylvania. Investigators connected him to a white vehicle seen near the killings, DNA recovered from a tan leather knife sheath found in the home and his cell phone location data, according to court documents.
A not guilty plea was entered on his behalf last year, and his attorneys have indicated he intends to present an alibi as part of his defense. Prosecutors have said they will seek the death penalty.
“If the judge knew Latah County could not handle this trial for safety reasons, not enough court clerks, logistics and lacking space, why did we waste over a year in a county he knew was not going to handle the trial?” the family said. “The points he mentioned didn’t all of a sudden jump up and bite him in the rear.”
“We have always felt that a fair and impartial jury could be found in Latah County and still believe that is where the trial deserves to be held to help the community heal,” the family added.
The defense has asked that the trial be moved to Boise, the capital and largest city in Idaho. Two other recent high-profile Idaho cases – the murder trials of Lori Vallow and Chad Daybell – were similarly moved to Boise.
This story has been updated with additional information.
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