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Idaho quadruple murder suspect Bryan Kohberger demands huge change as lawyers say his chances of a fair trial are 'utterly corrupted'

1 month ago 7

Quadruple homicide suspect Bryan Kohberger's attorneys have demanded a huge change before his trial starts next year. 

In a court filing made public Tuesday afternoon, attorneys for the 29-year-old criminology student argue that the three month-long trial be moved out of Moscow, Idaho and into the capital city of Boise.

They claim that their client's constitutional right to a fair trial would be 'utterly corrupted' if it were to take place in Latah County - where he allegedly murdered University of Idaho students Kaylee Goncalves, Madison Mogen, Xana Kernodle, and Ethan Chapin, in their off-campus home.

The lawyers cited 'extensive publicity that is ongoing and inflammatory,' including the dissemination of inaccurate information in the news and on social media that would be inadmissible at trial, the Idaho Statesman reports. 

Lawyers representing quadruple homicide suspect Bryan Kohberger, 29, are demanding his trial be moved to Boise, Idaho from Moscow, Idaho

The nearly 320-page filing notes that the media coverage began as soon as police found the four students dead in their house on King Road, and became 'extensive' during an ensuing six-week-long police investigation.

Aside from traditional media, the story was covered in magazines, books, crime television shows, podcasts and on social media, Kohberger's attorneys wrote.

'The publicity has been extremely pervasive in the small community of Latah County,' wrote Anne Taylor, the lead public defender.

'Remediations, such as enlarging the jury pool, will not cure the problem.'

She went on to argue that Ada County, the largest in the state and home to the capital city has 'more than 10 times as many potential jurors than Latah County' and provides Kohberger with the best chance of getting an impartial jury.

'Latah County is, in all regards, a nice, quaint close-knit community that sticks together,' Taylor wrote, according to the Statesman.

'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 the law,' she argued. 

Kohberger is accused of murdering University of Idaho students (L-R) Kaylee Goncalves, Madison Mogen, Ethan Chapin and Xana Kernodle on November 13, 2022 

Defense attorneys also argued that logistics warrant moving the trial to the Ada County Courthouse in Boise - where the high-profile trials of Doomsday mom Lori Vallow and her husband Chad Daybell were held.

The size of the courtroom offers adequate space, with a large overflow room for the hoards of people who are expected to want to watch Kohberger's trial, lawyers argued.

It also offers appropriate security for all the parties, including jurors, as well as access to the state's largest airport will be important for all of the witnesses traveling in and out of town.

But Latah County Prosecutor Bill Thompson, who is leading the case against Kohberger, has said he opposes moving the trial out of Moscow.

He previously argued that the defense's claims about the publicity of the high-profile case does not warrant moving it elsewhere in the state.

'I don't think a change of venue is going to solve any of these problems,' Thompson said at a hearing earlier this year, according to the Statesman.

'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,' he argued. 

The students were found dead that day inside their off-campus home, which has since been demolished

Through their attorney, the family of victim Kaylee Goncalves told the Statesman last month that they, too, want the trial to remain in Moscow - where Kohberger has been detained since January 2023.

'We are hopeful the trial stays in Latah County so as not to disrupt the scheduling order, and we are praying for no delay,' the statement said.

They also added that they approved of setting a trial date after more than a year of waiting since Kohberger was arraigned in May 2023. 

His initial trial date was set for October 2023, but Taylor filed for extensions and further hearings numerous times since his arrest.

Kohberger's team even delayed revealing his official alibi until May 2024. 

When he finally submitted the alibi, prosecutors tore it apart, as Kohberger claimed he was 'driving alone' on the night of the murders 'to look at the moon and stars.'  

In that filing, Taylor said she would be calling on a phone data analysis expert to back up his claims he was miles from the scene, which is one of the pieces of evidence prosecutors and the defense have repeatedly clashed over. 

Prosecutors allege that a white Hyundai matching one owned by Kohberger was seen in surveillance footage fleeing the scene of the crime 

From cellphone data produced by prosecutors, the route allegedly driven by Bryan Kohberger on the night of the brutal Idaho murders may be a crucial piece of evidence in the state's case against the 28-year-old. In his alibi filing, his lawyers say they plan to dispute this data 

Kohberger has maintained his innocence since his arrest in December 2022, over a month after the murders that shocked the nation. 

The month-long search for the alleged killer led to widespread media attention, with the families of the victims using the spotlight to condemn the proceedings against Kohberger. 

In December 2023, the mother of victim Kaylee Goncalves said the ongoing process has been 'gut wrenching.'

'It's gut-wrenching how slow everything has to go. Why does this have to be so drawn out?' Kaylee's mother Krisi said in an interview with KHQ.

'It's important, I get it, but there are facts, we have certain facts, we have certain knowledge. I can't believe that this is how it works.'

A memorial was set up at the university for the four students following their shocking deaths

 In December, Idaho officials again came under fire after the off-campus home where the four students were stabbed to death was torn down, against the victim's families' wishes.

Although both prosecution and defense agreed for it to be torn down, the families argued against it, with Goncalves' loved ones fearing the move would 'destroy one of the most critical pieces of evidence in the case.'

Before it was torn down, the scenes inside the home were so gruesome that exclusive DailyMail.com images showed blood seeping down the outsides of the home. 

When he was arrested, prosecutors cited partial DNA matches found on a Ka-Bar knife sheath found at the home. No murder weapon has ever been found. 

The scenes inside the home were so gruesome that blood dripped down the outside of the wall of the property, which investigators described as the worst crime scene they have ever seen

Investigators were seen in January 2023 removing a bloodied mattress from the home where four University of Idaho were murdered 

In an ongoing back-and-forth over such evidence in court - also including cell phone data and surveillance allegedly of Kohberger's car at the crime scene - the defense claimed that prosecutors have not turned over what they may present in court. 

Taylor filed a motion last month to compel the defense to do so, with the defense countering that they are restricted by some federal laws due to the FBI's involvement in the case. 

The defense has also filed to dismiss the entire case, claiming he was indicted by a biased grand jury and the case was tainted by misconduct by the prosecution and the admission of invalid evidence. The motion was denied. 

Now, Judge John Judge will ultimately decide whether to grant the defense's change in venue request.

He had set a Monday deadline for the defense to file its arguments ahead of an August 29 hearing, and a formal reply from the prosecutors is due on August 12.

Kohberger's defense team may seek a rebuttal a week later.

At the hearing, the team is expected to call four witnesses, including a trial consultant they had hired to survey prospective jurors to justify the change in venue, a survey researcher, a social psychologist who studies bias and a media analyst, the Statesman reports. 

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