Defense for Bryan Kohberger argues for murder trial in Boise

Ahead of a hearing next month, attorneys for Idaho student homicides suspect Bryan Kohberger have labeled his prospects at a fair trial in Moscow both an “extreme case” and “utterly corrupted” in seeking a venue change to Boise for his upcoming trial.

In a court filing made public Tuesday afternoon, Kohberger’s public defenders argued that their client’s constitutional right to an impartial jury will be infringed upon without moving the trial out of Latah County, where the crime occurred.

 In their legal brief, they cited as further justification the “extensive publicity that is ongoing and inflammatory,” including the dissemination of inaccurate information in the news and on social media that would also be inadmissible at trial.

“The publicity has been extremely pervasive in the small community of Latah County,” wrote Anne Taylor, Kohberger’s lead public defender. “Remediations, such as enlarging the jury pool, will not cure the problem.”

Ada County, the state’s largest county with more than 500,000 residents, has “more than 10 times as many potential jurors than Latah County,” and gives Kohberger the best chance at an impartial jury. 

“Latah County is, in all regards, a nice, quaint close-knit community that sticks together,” Taylor wrote. “While a small, close-knit community is what is hoped for in a small town, constitutional rights must still be carefully protected. Mr. Kohberger has the right of a presumption of innocence; he is guaranteed the protection of a fair jury and due process of law.”

Kohberger, 29, is charged in the November 2022 stabbing deaths of four University of Idaho students, which have drawn considerable attention from across the nation and world. Kohberger faces four counts of first-degree murder and one count of felony burglary in the case. Prosecutors intend to seek the death penalty for Kohberger, if convicted. 

Judge John Judge, of Idaho’s 2nd Judicial District in Latah County, will ultimately determine whether to grant the requested venue change. He had set a Monday deadline for Kohberger’s defense to file their arguments ahead of a scheduled Aug. 29 hearing on the matter. 

Latah County Prosecutor Bill Thompson, who is leading the case against Kohberger, has said he opposes moving the trial out of Moscow. The defense’s claims about publicity of the high-profile case don’t support sending it elsewhere in the state, he previously said. 

“I don’t think that a change of venue is going to solve any of these problems,” Thompson told the court at a hearing earlier this year. “The state’s position on venue is that the case should be held here. It’s a Latah County case. We believe that we can select an appropriate panel of jurors from Latah County.”

His formal reply to the defense’s latest filing is due by the middle of next month. Kohberger’s defense team may submit a rebuttal a week later. 

Last month, Judge set a start date for Kohberger’s capital murder trial of June 2025. The trial would be held in Latah County, where the crime took place, if Judge does not grant the defense’s request for a venue change over concerns about local juror bias against their client.