Prosecutors make case to keep Kohberger trial in Latah County

MOSCOW, IDAHO - Prosecutors say accused quadruple murderer Brian Kohberger should go on trial for killing four University of Idaho students in the community where the murders happened.

Latah County prosecutors filed an objection Monday to the defense's request to move the trial to Boise.

The defense cited media coverage and survey of prospective jurors as the main reason Kohberger's trial should be moved. Prosecutors argue he can have a fair trial in Latah County.

Kohberger is accused of killing Madison Mogen, Kaylee Goncalves, Ethan Chapin and Xana Kernodle at a home just off campus in November 2022.

The trial is set for next summer.

In the objection to change of venue, prosecutor Bill Thompson says Ada County has seen nearly as much media coverage of the case as Latah County.

He points to the defense's own survey, saying potential Ada County has had the second highest amount of media coverage in the state and "a statistically greater number (albeit slightly) of the survey respondents familiar with the case believe Defendant is guilty."

Thompson points to case law that says "the mere fact that the crimes reported by the media are gruesome or memorable does not render the publicity inflammatory to the extent of requiring change of venue."

The U.S. Supreme Court also has ruled that "only in the most extreme cases is a defendant afforded the presumption of prejudice based on pretrial publicity," according to the motion.

While the defense maintains that the media publicity has been disruptive , prosecutors point to a gag order and other restrictions in the case as a way of showing the court has maintained control.

Prosecutors also maintain that just because potential jurors know about the case doesn't mean they've made up their mind about guilt or innocence.

Latah County can put measures in place to ensure a fair trial, Thompson contends, by doing things like convening a larger jury pool or sending out questionnaires that can help weed out potential bias.

Even if the judge does believe Latah County could not empanel a fair jury, Thompson contends that a neighboring county could be the venue rather than "moving the trial 300 miles south."

Thompson says transferring the trial to Ada County would come at "an extraordinary cost."

He suggests Nez Perce County instead, as its just 30 miles south of Moscow.

While the defense points out that Ada County would be a better venue because of the size of the courtroom, Thompson points to the recent Lori Vallow and Chad Daybell trials where there were lines out the door for spectators who wanted to come in.

"On cases of such tremendous public interest, there is unlikely to be any physical courtroom large enough to accommodate every member of the public who wishes to observe," Thompson wrote. "Moreover, the Court can accommodate the large number of people who want to view the trial by providing live-streaming options."

As of right now, the trial is scheduled to begin June 2, 2025 and run until late August.

A hearing on the change of venue argument is scheduled for August 29th.

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