Bryan Kohberger’s legal team filed a motion on Tuesday to have his high-profile trial — including the jury selection process — occur in a different county in Idaho.
In the motion, Kohberger’s lawyers claimed the “extensive, inflammatory pretrial publicity” th3 case has garnered has made it impossible for their client to have a fair trial in Latah County. They also asserted that selecting an impartial jury in Latah County would be impossible for the same reasons.
READ: Continuing Coverage on the University of Idaho Case
“The size of the community and the interconnectedness of its citizenry is problematic and will prevent a fair and impartial pool of potential jurors,” the defense wrote.
On multiple instances, defense attorneys have sought to have his grand jury indictment dismissed — claiming the grand jury used the wrong standard of proof because they were given incorrect instructions, and the grand jury was biased because prosecutors withheld evidence that would have supported Kohberger’s case.
Last week, Kohberger’s attorneys pushed back against the state’s request to have the trial start this summer. The defense claimed they would not be prepared by then, as they had only spoken with less than 10 percent of 400 possible witnesses.
The defense said they estimate they could be ready by summer 2025. They also believe the trial could last 12 to 15 weeks.
Kohberger’s attorneys have claimed Kohberger was not at the crime scene and was driving around alone the night Madison Mogen, Xana Kernodle, Ethan Chapin, and Kaylee Goncalves were fatally stabbed at the women’s off-campus home on November 13, 2022.
However, police claim he visited the area 12 times before the slayings and that he turned off his phone on the night in question.
Investigators tested DNA from a trash can outside Kohberger’s family home in Pennsylvania against DNA found on the sheath at the crime scene. Testing determined that “at least 99.9998% of the male population would be expected to be excluded from the possibility of being the suspect’s biological father.”
At the time of the slayings, Kohberger was obtaining his Ph.D. in criminology from Washington State University, which is located 10 miles from the crime scene.
Prosecutors filed court documents detailing their intent to pursue the death penalty as they deemed the slayings were “especially heinous, atrocious, or cruel.”
In regards to the change of venue matter, Kohberger’s lawyers have requested to schedule an evidentiary presentation and argument before the end of April.
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[Feature Photo: Bryan Kohberger/August Frank/The Lewiston Tribune via AP, Pool]
