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The judge overseeing Bryan Kohberger’s case abruptly interrupted a hearing Thursday on a possible rescheduling of the first-degree murder case after an expert witness for the defense presented social media content in court.
Kohberger, a former Washington State University student accused of killing four University of Idaho students, is scheduled to stand trial in June 2025 on first-degree murder charges. Judge John Judge, who is hearing the case in the 2nd Judicial District, heard arguments from both sides Thursday about whether the trial should proceed in Latah County, where the crime occurred.
Three expert witnesses were called before the lunch break, the last of whom was defense witness Brian Edelman, co-founder of California-based jury consulting firm Trial Innovations. The defense hired him to conduct a survey of potential Latah County jurors’ knowledge and opinions about the case.
Edelman showed Facebook posts in court during his testimony. Edelman searched the platform for “Moscow murders” and shared a screenshot of himself scrolling through the results.
“You see the breadth of content that is out there from groups that are just talking about this case and sharing information and discussing what they think is happening, and videos and posts, which can include everything from influencers and podcasters to sharing traditional news stories through local newspapers or television stories,” Edelman said.
A number of Facebook groups, posts and videos appeared on the screen, often using sensational language or speculating about details of the case.
Judge Edelman then interrupted and paused the hearing, which was being streamed live to the public via YouTube.
“I don’t think we need to advertise all this, honestly,” Judge said. “We’ve tried to protect ourselves from this kind of stuff. I’m aware of it, I don’t watch it, I don’t read it.”
Anne Taylor, Kohberger’s chief public defender, asked for a recess to discuss the situation privately. About 30 minutes later, court resumed and the judge said they would take a one-hour lunch break. The judge ordered that the first 15 minutes after the recess would not be publicly streamed. Family members of victims who were watching online were granted an exception and were allowed to watch those first few minutes via Zoom, the judge said.
“It’s kind of a compromise,” Judge said. “We thought there were certain things that maybe we didn’t want to send out to the public. I don’t necessarily know what it all is, but I’ll have to look at it and see.”
Defense continues to push for location change
Kohberger’s defense team has argued in court papers that his client will not be able to enjoy his constitutionally guaranteed right to a fair and impartial jury if his murder trial is held in the city where the crime occurred. In defense attorneys’ justifications ahead of Thursday’s hearing, they called Latah County “utterly corrupt” due to the amount of news coverage of the case, which has created a “mob mentality within the community.”
Led by attorney Anne Taylor, Kohberger’s defense is seeking to move his murder trial to the courthouse in Boise, about 300 miles south of Moscow. Idaho’s capital, located in the state’s largest county, gives Kohberger the best chance at an impartial jury pool, Taylor argued.
The defense bolstered its argument with results from a telephone survey conducted by a hired litigation consultant. The survey work initially drew Judge’s ire because it polled potential jurors in the community and could taint the local jury pool, prosecutors argued. Judge eventually allowed the defense to complete its survey work in its designated counties to build its case for a change of venue.
Kohberger, 29, faces four counts of first-degree murder in the November 2022 stabbing deaths of U of I students at an off-campus home in Moscow. The victims were Kaylee Goncalves and Madison Mogen, both 21, and Xana Kernodle and Ethan Chapin, both 20.
Prosecutors plan to sentence Kohberger to death if he is convicted. Any possible appeals against the death penalty are scheduled for a hearing in early November.
Meanwhile, prosecutors are opposing moving Kohberger’s trial out of Moscow, arguing in a court filing that pretrial publicity is common in high-profile cases and is not enough by itself to justify a change of venue under Idaho law.
A move to Boise is neither “necessary nor convenient,” Latah County District Attorney Bill Thompson wrote in his court filing earlier this month. He argued that the defense’s investigation is flawed and that the court could pursue other avenues, including an expanded jury pool, to achieve an impartial group of people who could provide Kohberger with a fair trial.
The decision is up to the judge in Idaho’s 2nd Judicial District in Latah County. Should he choose to grant the defense’s request to move the trial, he would stay the case unless he chooses to recuse himself because of the change of venue, according to Idaho criminal rules.
The parents of victim Kaylee Goncalves have previously expressed hope that the trial will remain in Moscow. They live about 100 miles north of Moscow in Rathdrum, Idaho.
On Thursday morning, the Goncalveses posted a message on a Facebook page they maintain about the case, indicating that they planned to attend the hearing in Moscow.
“Please keep us in prayer today,” the post read. “This is a big day for our family. We are anxiously awaiting.”
