A motion to change the venue for Bryan Kohberger's upcoming trial was granted on Friday, Sept. 6.
The new location, which has not been determined yet, will be decided by the Idaho Supreme Court according to court documents filed Monday.
"This court orders a transfer of venue 'without specifying the new place of venue' and refers 'the case to the administrative director of the courts for assignment by the Supreme Court to a court of proper venue in another judicial district and assignment of a specific judge to preside in the criminal proceeding,'" wrote Judge John Judge in the document.
Local and national media attention surrounding the case and trial has been extensive since November 2023, when the four University of Idaho students were found dead in an off-campus home. The court issued a gag order and limited cameras in the courtroom to "protect Kohberger's right to a fair trial by an impartial jury," according to the court document. The non-dissemination order has remained in place through the duration of the case so far.
Court proceedings have been streamed on the court's YouTube channel, however.
Along with media coverage by mainstream media sources, there is the ongoing spread of misinformation, rumors and "patently false theories" of the case on social media. The court document says there have also been television shows, "documentaries" and at least one book has been published about the murders.
Because of this, Kohberger and his legal team argued the venue must be changed from Latah County to a location with a larger population and from where the murders happened.
According to a survey done by a social psychologist who works as a trial consultant for jury selection and pre-trial research, 93% of survey respondents in Ada County recognized the case and 90% of respondents in Canyon County recognized it. Bannock County was also surveyed, with 84% of respondents recognizing it.
In comparison, 98% of survey respondents in Latah County recognized the case and 67% said they believed Kohberger is guilty. In Ada County, 68% of respondents believed Kohberger is guilty. That number is 69% in Canyon County and 76% in Bannock County.
Population sizes in the above counties were also taken into consideration in the survey. Ada County has 406,069 residents, Canyon County has 184,660 residents, Bannock County has 66,911 residents and Latah County follows with 32,515 residents.
Based on the information from the surveys, Dr. Bryan Edelman said the case recognition and presumption of guilt will continue to be high throughout Idaho, given the media coverage. He also said that population size matters, and Ada County has a much larger pool of non-biased potential jurors.
Three other experts were cited in the court document approving the change of venue, along with media articles and video clips. The experts provided information on things like media coverage, social psychology on potential jurors, community sizes and analysis of the survey work by Dr. Edelman.
Also mentioned in the court document was the issue of safety and security for the parties, witnesses, victims' families, jurors and the community.
"The Latah County Sheriff's Office, which is currently fully staffed, simply lacks the number of officers needed to provide security for the trial while also continuing to perform their day-to-day duties of patrol and responding to calls," according to the court document.
A possible solution mentioned was to ask the Idaho State Police and the Moscow Police Department for help, but both were involved in investigating the homicides and it is anticipated that several officers will be called to testify. The court document says that pulling local officers away from their normal duties for the duration of the trial, which could be up to three months, to provide security will put agencies understaffed and the community potentially at risk.
There is also the possibility that law enforcement may be pulled away to "deal with other issues," like a natural disaster, active shooter or multi-vehicle wreck.
The court document also says Latah County does not have enough court clerks "to efficiently manage the jury selection process."
"It is anticipated that general qualification questions will need to be sent out to some 6,000 individuals, The court clerks will be tasked with then entering juror information from those 6,000 individuals into an electronic system."
This task will require several clerks and will take time. The court document also says only one court clerk is currently familiar with the process, and she has other responsibilities outsider of her role as jury commissioner.
After the initial process, the court would call in around 1,800 people to fill out juror questionnaires and that process will also take time and requires both court clerks and security to take attendance, manage and move people where they need to go, scan questionnaires, and get them to the court and counsel.
The Latah County Courthouse itself also lacks the space needed by both the State and the defense, according to the document. The defense does not have a dedicated space within the courthouse and there are not a lot of options available that offer the privacy it needs to meet with each other and witnesses. The jury room is also expected to be crowded and "uncomfortable at best."
"While traveling to another county for three months is indeed inconvenient for the attorneys, the Court, some family members of the victims, and some witnesses, having the trial at the Latah County courthouse would also be inconvenient in numerous ways and, beyond that, would present serious safety risks," wrote Judge in the document.
Kohberger's trial is the third in recent years to be moved out of the county where the crimes were committed. Both Lori Vallow's and Chad Daybell's trials were moved to Ada County.
Four University of Idaho students, Kaylee Goncalvez, Ethan Chapin, Madison Mogen and Xana Kernodle were found dead in their home near campus in November 2022. Kohberger was arrested and charged with four counts of murder in the first degree and one count of burglary in December 2022.
The trial is scheduled to begin in June 2025. Judge said in a previous hearing the trial is expected to last three months, including two weeks to set the jury, eight weeks of trial and two weeks for mitigation and sentencing, if necessary. Kohberger does face the death penalty, if he is found guilty.
