MOSCOW, Idaho — The defense and prosecution in the case of , presented their competing ideas on whether a fair trial could be held in Latah County on Thursday, but the judge overseeing the case made no decision on the matter.
“I would say this is probably, professionally, the most difficult decision I’ve ever had to make,” Latah County Judge John Judge said. “I listened carefully all day. I think there’s really some important things to think about from both sides. That’s what I’m going to do.”
The defense’s motion to change venue has been the most contentious topic in pretrial proceedings thus far. A conducted on behalf of Kohberger’s defense to support their case prompted a handful of heated hearings before .
That survey was the foundation of Kohberger’s attorney Anne Taylor’s case on that Latah County is incapable of producing an impartial jury.
“This is a tiny little community, and this case needs to move,” Taylor pleaded with Judge. “The pressure to convict here is great, and it won’t be in Ada County.”
Latah County Prosecutor Bill Thompson’s team argued the defense’s evidence wasn’t sufficient to justify moving the trial. In fact, his team argued that media research conducted by the defense showed Ada County was at least as inundated with media coverage on the Kohberger trial as Latah County was.
Prosecutors did acknowledge the existence of strong connections in Latah County, particularly to the University of Idaho, but they argued there are more appropriate means to mitigate those biases.
Thursday’s hearing also featured the most robust slate of witnesses from either side of the case, with Taylor calling four experts to the stand.
Their testimony again largely related to the results of the juror survey and an analysis of media coverage on the case conducted by a company called TruScope.
Todd Murphy, the president of TruScope, was the first witness called to the stand. He told the court his company’s findings show it’s possible the case will always be of more interest in Latah County than in Ada County — where the defense has asked for case to be moved.
He also lent the court some insight into the nature of Designated Market Areas, or DMAs, in response to a line of questioning from Taylor meant to show other potential alternative counties, like Nez Perce, are likely to have received the same media exposure as Latah County.
Nez Perce and Kootenai counties have both been than Ada County, although they have consistently maintained that Latah County is the best option.
Both counties are part the Spokane DMA, just like Latah County, meaning residents in those areas see the same stations for their TV news.
The court also heard from Eastern Washington University psychology professor Amani El Alayli on the scientific basis of pre-trial bias and from .
Edleman largely reiterated his position that his research shows Latah County couldn’t field a fair jury. The biggest fireworks of the day came when Edleman advanced to a slide in his presentation that scrolled through Facebook groups dedicated to following the murders and trial of Kohberger.
After that issue was resolved during a long recess, Edleman returned to his presentation and restated his conclusion that a jury fielded in Latah County wouldn’t operate on a presumption of innocence.
Judge ended the hearing promising to review all the relevant arguments and case law, but he didn’t set himself a deadline to make a decision. The trial is currently scheduled for June of 2025.
