Bryan Kohberger faces four counts of murder in the deaths of Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves.
www.cbsnews.com
Updated on: August 29, 2024 / 7:18 AM EDT / CBS/AP
Attorneys for the man charged in the
stabbing deaths of four University of Idaho students in 2022 say the pressure to convict is so severe that some Latah County residents are predicting lynch mobs or riots if he is acquitted.
Bryan Kohberger's defense lawyer Elisa Massoth made that argument in a filing this month, saying the only way he can get a fair trial is to
move it to a new location.
Second District John Judge is scheduled to preside over a hearing on the motion for a change of venue Thursday morning. If he agrees, the trial,
set for June of 2025, could be moved from Moscow to Boise or another larger Idaho city.
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Kohberger first requested a change of venue in January, when his attorney Anne Taylor wrote in a court filing that a fair and impartial jury could be found in Latah County "owing to the extensive, inflammatory pretrial publicity, allegations made about Mr. Kohberger to the public by media that will be inadmissible at his trial, the small size of the community, the salacious nature of the alleged crimes, and the severity of the charges Mr. Kohberger faces."
Defendants have a constitutional right to a fair trial, and that requires finding jurors that can be impartial and haven't already made up their minds about the guilt or innocence of the person accused. But when the defense team hired a company to survey Latah County residents, 98% percent of the respondents said they recognized the case and 70% of that group said they had already formed the opinion that Kohberger is guilty. More than half of the respondents with that opinion also said nothing would change their mind, according to defense court filings.
Some respondents also made dire predictions, according to the filings, saying that if Kohberger is acquitted, "There would likely be a riot and he wouldn't last long outside because someone would do the good ole' boy justice," "They'd burn the courthouse down," and "Riots, parents would take care of him."
Prosecutors wanted the judge to disregard the survey, saying it didn't include all the data about people who declined to respond to the survey. Prosecutor Bill Thompson and Special Assistant Attorney General Ingrid Batey said in court documents that there are other ways to ensure a fair trial short of moving the proceeding hundreds of miles away, including widening the pool of potential jurors to include neighboring counties.
Any venue change would be expensive and also force court staffers, witnesses, experts, law enforcement officers and victims' family members to make an inconvenient trip to the new location, the prosecution team said.
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More at link. ~Summer