BOISE, Idaho (AP) — 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 defendant Bryan Kohberger’s guilt made it doubtful he 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. Instead, the Idaho Supreme Court will assign the venue — and possibly a new judge as well.
The trial is set for June 2025 and is expected to last three months. Kohberger faces four counts of murder in the deaths of Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves, and prosecutors have said they intend to seek the death penalty if he is in convicted.
“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.”
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 would make it impossible to find an impartial jury in the small university town where the killings occurred.
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.
In deciding whether to grant such requests, judges must weigh a community’s interest in seeing justice done for crimes in its own back yard with a defendant’s constitutional right to a fair trial.
“Paramount is the concern for the right to a fair trial by jury, by an impartial jury,” said Mary D. Fan, a criminal law professor at the University of Washington.
Often, victims’ family members will want to attend every day of a trial as a way to signal support for the victim, or because they want to see for themselves if justice is being done. Prosecutors often consult with survivors and victims’ families, and may give their concerns heavy consideration when crafting arguments against moving a trial, Fan said.
“There are a number of potential adverse impacts, depending on where the change of venue occurs. Certainly it may be more of an inconvenience to witnesses, to family members who might want to attend every day of the trial,” said Fan.
It is rare to move trials, but in some high-profile cases, when judges do not believe other precautions will protect a defendant’s rights, they have done so.
Among them: the trials of the Los Angeles police officers accused of beating Rodney King; of Oklahoma City bomber Timothy McVeigh; of the officers who fatally shot Amadou Diallo in New York; and of OJ Simpson.
By contrast, the judge overseeing the trial of former Minneapolis police officer Derek Chauvin in the 2020 murder of George Floyd, which sparked Black Lives Matter protests around the world, refused to move the trial. The judge pointed out that coverage of Floyd’s death had been so thorough that it would have been impossible to find another courthouse in the state with jurors less exposed to pretrial media coverage.
Under Idaho court rules, judges who grant motions to move trials can indicate if they want to remain on the case. Judge did not do so in his order Friday, instead granting the motion under a rule that provides for a new judge to be assigned.
It was not immediately clear when the Idaho Supreme Court might assign a new venue or a new judge, or whether that would force a delay of the trial date.
“Change of venue often may result in a reassignment to a new judge simply because of the fact that the judge currently has cases in their own venue that they have to handle. So going to a totally different jurisdiction can just lead to inconvenience — not just to the parties in one case, but to many cases,” Fan said. “So, oftentimes you do see a change of judge simply for practical purposes.”
Neither prosecutors nor defense attorneys immediately returned messages seeking comment. A strict gag order issued by Judge largely prevents them from discussing the case with reporters.
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.
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.”
Police arrested Kohberger six weeks after the killings at his parents’ home in Pennsylvania, where he was spending winter break.
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Johnson reported from Seattle.
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