Idaho judge rules on Bryan Kohberger's motion to change venue in student murder trial
BOISE, Idaho - The judge overseeing the trial of the man charged in the fatal stabbings of four University of Idaho students has agreed to move it out of the small city where the shocking crimes occurred, citing concerns about finding impartial jurors and whether the courthouse could accommodate the proceedings.
In an order dated Friday, Idaho Second District Judge John C. Judge said extensive media coverage of the case, the spreading of misinformation on social media and statements by public officials suggesting Kohberger’s guilt made it doubtful Bryan Kohberger could receive a fair trial in Moscow, a university town of about 26,000 in northern Idaho.
He did not specify where the trial would be moved. It's set for June 2025 and is expected to last three months.
"It is undisputed that there has been significant media coverage in this case throughout the State and nationally," Judge wrote. "While some of the coverage has been neutral reporting of the Court proceedings, much of the coverage has been sensationalized and prejudicial to Kohberger."
Bryan Kohberger, accused of murder, arrives for a hearing on cameras in the courtroom in Latah County District Court on September 13, 2023 in Moscow, Idaho. (Photo by Ted S. Warren-Pool/Getty Images)
But even if enough impartial jurors could be selected to hear the case, the Latah County courthouse wouldn't be able to handle it, Judge said. It's too small to accommodate the needs of the lawyers and doesn't have enough clerks to oversee the selection of a jury from an expanded pool of some 6,000 residents.
Further, the county doesn't have enough sheriff's deputies to ensure security in a small courthouse where the only way in for sensitive witnesses would be through public hallways and entrances, he said.
Kohberger’s defense team sought the change of venue, saying strong emotions in the close-knit community and constant news coverage will make it impossible to find an impartial jury in the small university town where the killings occurred.
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Prosecutors argued that any problems with potential bias could be resolved by simply calling a larger pool of potential jurors and questioning them carefully. They noted the inconvenience of forcing attorneys, witnesses and others to travel to a different city.
Kohberger, a former criminal justice student at Washington State University, which is across the state line in Pullman, faces four counts of murder in the deaths of Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves.
The four University of Idaho students were killed sometime in the early morning hours of Nov. 13, 2022, in a rental house near the campus.
The Goncalves family released the following statement after the news that the judge granted the change of venue:
"The family is incredibly disappointed in the Judge’s ruling granting the change of venue. The only good thing about this decision is it will be Judge Judge’s last decision in this case. The family has always felt that Judge Judge favored the defense and it was a common theme that whatever the defense wanted or needed they got. The written decision is even more informative. 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 points he mentioned didn’t all of a sudden jump up and bite him in the rear. Another issue was the poor cross examination by the State of the Defense expert witnesses. A judge can only rely on the evidence presented and when you don’t properly cross examine expert witnesses or present any of your own, you are left relying on the opinions of the Defense. Then lets not forget the massive contradiction of having a University of Idaho employee as an expert witness (Aliza Cover) and at the same time allowing Scott Green the University of Idaho president to write a book claiming to be an integral part of your investigation. Finally, what was the point of the non dissemination order, private hearings, closed door tactics, allowing the Defendant to be dressed in suit for every televised hearing, etc…if not to keep the trial in Latah County. As victims’s families you are left to just watch like everyone else and really you have little rights or say in the process and at the same time you are the most vested in the outcome. 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. Thank you again for all your support and prayers!"
A split photo showing the crime scene and the victims, University of Idaho students Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves. (Derek Shook for Fox News Digital | Instagram | @xanakernodle/@kayleegoncalves)
Authorities have said that cellphone data or surveillance video shows that Kohberger visited the victims’ neighborhood at least a dozen times before the killings; that he traveled in the region that night, returning to Pullman along a roundabout route; and that his DNA was found at the crime scene.
His lawyers said in a court filing he was merely out for a drive that night, "as he often did to hike and run and/or see the moon and stars."
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Police arrested Kohberger six weeks after the killings at his parents’ home in Pennsylvania, where he was spending winter break.