Idaho Judge John Judge has strongly reprimanded the defense team in the Bryan Kohberger murder case for disseminating questionnaires to potential jurors that could potentially be ‘inculpatory’ to Latah County residents. Prosecuting Attorney Bill Thompson argued that some of the questions breached a restrictive gag order on the case, which prohibits extrajudicial statements about facts not included in the public court record. Upon hearing the defense’s arguments, Judge ruled that the defense could proceed with its surveys and that the two contested questions did not need to be eliminated. He clarified that the gag order does not entirely prohibit communication with the media, and the defense could have addressed damaging rumors publicly.
The defense, headed by Kootenai County Public Defender Anne Taylor, argued that the two ‘media items’ mentioned in the questionnaire, though not included in the public record, had been widely reported in the media. They maintained that asking potential jurors about their exposure to these ‘media items’ was vital to support their motion for a change of venue, aimed at mitigating the effects of prejudicial pretrial publicity on Kohberger’s right to a fair trial. Taylor has not yet responded to requests for comment.
Kohberger’s team had previously stated their belief in his innocence and asserted that Latah County, with a population of approximately 40,000, has an insufficient jury pool to ensure a fair trial. The defense’s efforts to show this inadequacy include the distribution of these questionnaires. Kohberger, who was pursuing a Ph.D. in criminology at Washington State University at the time of the stabbings, is charged with murdering four University of Idaho undergraduates in a predawn attack on November 13, 2022. The victims were 21-year-olds Maddie Mogen and Kaylee Goncalves, 20-year-old Xana Kernodle, and her 20-year-old boyfriend Ethan Chapin.
Kohberger faces four counts of first-degree murder and one count of felony burglary. Judge entered not guilty pleas on his behalf for all charges during his arraignment last year. Kohberger could potentially face the death penalty if convicted.
The defense team is requesting a change of venue to a larger county with a more extensive jury pool, such as Ada, Bonneville, or Bannock counties. The court’s next hearing on this matter is scheduled for June 27. Kohberger was arrested in Pennsylvania shortly after the murders and is currently being held in the Latah County Jail without bond.
