Defense attorneys for Bryan Kohberger, the man accused of killing four University of Idaho students in 2022, argue that a severe "mob mentality" against him within the community is sufficient justification to move the trial out of Latah County, new court documents show.
In a filing Monday, the defense countered the state's objection to its request for a change of venue by presenting a telephone survey conducted by a defense expert, which revealed hostility toward Kohberger among Latah County residents.
Asked for a response if Kohberger was not convicted, one person said, "There would likely be a riot and he wouldn't last long outside because someone would do the good ole' boy justice."
Others said that "they'd burn the courthouse down" and that "they would probably find him and kill him."
The defense argued that the "often inaccurate and inflammatory" media coverage in Latah County would condition potential jurors to think Kohberger was guilty. The survey indicated that people who were more exposed to media coverage were more likely to prejudge Kohberger as guilty, and Latah County has the most media coverage per person in the state.
Despite the state's proposal to move the jury pool to neighboring Nez Perce County, the defense contended that it would not solve the issue, as Nez Perce County residents were exposed to the same media coverage.
Instead, Kohberger's attorneys proposed moving the trial to Ada County, home to Idaho's capital city, Boise. According to the defense's survey, Ada County residents appeared to have a lower emotional connection to the case. When people were asked how they would feel if Kohberger were found not guilty, responses included "they would go on with life as always" and "I think they would accept it."
The defense also rejected the proposed solution of vetting jurors, citing precedent that shows vetting alone is insufficient to ensure impartiality. Sequestering the jury, another proposed solution, would be "unnecessary and untenable."
"The traumatized town of Moscow is understandably filled with deeply held prejudgment opinions of guilt," the defense attorneys said in concluding their argument.
The two sides will present their arguments to the judge on Aug. 29.
Kohberger, who was a doctoral student at Washington State University in nearby Spokane studying criminology, is charged with four counts of first-degree murder and burglary after, prosecutors say, he broke into an off-campus house near the University of Idaho and fatally stabbed four students. Kohberger was arrested nearly seven weeks later; a possible motive remains unclear.
The state says it has linked Kohberger to the murders through DNA evidence, cellphone signals and security videos, while the defense has submitted an alibi.
The state will pursue the death penalty at Kohberger's trial, which is set for June.
