4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #95

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I can't imagine being in any of the parents' position. But I'd think a mistrial because of jury issues or a conviction overturned on appeal would be far worse that what's happening today.
MOO

But why is this issue of trial location dragging soooo much?

I could swear it was resolved last year.
I remember reading about it when I was following this thread.

I stopped now.

I'm only waiting for trial.

But, as reported in the link I posted,
the 2025 date is not certain :oops:
It can be delayed again.
 
But why is this issue of trial location dragging soooo much?

I could swear it was resolved last year.
I remember reading about it when I was following this thread.

I stopped now.

I'm only waiting for trial.

But, as reported in the link I posted,
the 2025 date is not certain :oops:
It can be delayed again.
I don't remember ever reading or even thinking the change of venue issue was resolved last year. So I can't respond to what you might have read.

High-profile cases often take a long time to go to trial. Not only is this case high-profile, it's a quadruple homicide. AND the state is pursuing the death penalty. So the timeline doesn't surprise me at all. It's not even been two years since the crime and given the specifics of the case, a "rocket docket" was always unlikely IMO. Rushing to trial when the defendant's right to a speedy trial isn't an issue can cause big problems.
MOO
 
State arguing that the differences between counties are within the margin of error.

Says the Defense has not met the burden.

State is firing off statistics in favor of Latah County.

State says there are other ways, short of venue change, to secure a jury, through questionnaires and voir dire.

State suggests closing certain hearings.

Suggests summonsing 1800 potential jurors. A large jury pool will alleviate many of the concerns.
 
AT: no one is talking about BK's good grades.

AT is angry about the local and national coverage -- and how prejudicial it is -- that people in Latah County are faced with.
How exactly does getting good grades (intelligence) prevent you from becoming a murderer? I fail to see the significance other than being a mitigating factor in sentencing.
 
How exactly does getting good grades (intelligence) prevent you from becoming a murderer? I fail to see the significance other than being a mitigating factor in sentencing.
I don't think it's significant. A lack of reporting of his good grades-- while a positive thing he did-- is irrelevant to his guilt for these crimes. BUT the media coverage contained plenty of negative information that is also irrelevant to his guilt for these crimes. Lack of positive information and plenty of negative information may create bias that can be unconscious. If it's unconscious, I'm not sure how it can be accessed via questionnaires or corrected through voir dire.
MOO
 
@newsfromkerri

Last witness for defense is Dr. Veronica Dahir. She is from University of Nevada, Reno - a trial consultant and expert witness. Going over her vitae now.


Research related to surveys is her focus. She has 30 years of experience. (Wondering if we’ll have time for state’s response today? Prosecutors haven’t cross examined witnesses.)


Dahir says Edelman’s survey was valid.


I’m starting to fade. I think the most important take away here is that she agrees survey was done correctly.


Taylor is now arguing for the change of venue. Huge amount of media coverage influenced potential jurors in Latah County and elsewhere. This court has issued rules, including banning cameras, but everything is on social media, Taylor says. Media content is negative.



In other parts of state, there’s less exposure and hope for an impartial panel. This community is small, and people will know who is on Kohberger jury, Taylor says. Ada and Canyon counties don’t have same challenges.

Ada is preferred because Bannock is smaller. Canyon is 2nd largest county, but Ada has better access for jurors into courthouse. Taylor says Kohberger’s right to a fair trial demands the change.


State is pointing out Ada County has just as much media coverage or more than Latah. Same with presumption of guilt among respondents. Latah has highest number of people with no opinion of Kohberger.

State would be willing to conduct individual voir dire. Sealing some future hearings may be appropriate, deputy prosecutor says.

A large jury pool is the solution. Kootenai or Nez Perce counties may be better options if change is granted, she says.

Latah County is not tiny, state says. About 32,000 potential jurors here. Keeping trial here makes sense for staff. This courthouse can provide security and prepare for trial. Lewiston airport is another option for travel, she says.


Court should consider this college town and Pullman are designed for influxes of people. Most victims families live closer to Moscow than Boise. State says motion for change should be denied.


Taylor asks judge to make decision based on impact of prejudicial coverage in Latah County. Lewiston Tribune in Nez Perce County serves Latah County, too, Taylor says. KXLY is broadcast in Kootenia Co. and here.


Judge says professionally most difficult decision he’s had to make. He’s going to go through everything and law before making the call. He listened carefully all day. Court now adjourned.


Thanks so much for following! Full article on today’s hearing will be in Daily News and Lewiston Tribune.
 
@BrianEntin

Went to the new healing garden with Kaylee Goncalves’ parents.I’m filling in for Dan Abrams and hosting live from Idaho tonight at 9pmET on @NewsNation.Full wrap up on Kohberger and other big news of the day. See you at 9.

1724976314806.png


Bryan Kohberger judge did not make a decision today about whether to move the trial out of Latah County.
Said it will be one of the hardest decisions he has to make and he has more research to do.


7:34 PM · Aug 29, 2024
 
State arguing that the differences between counties are within the margin of error.

Says the Defense has not met the burden.

State is firing off statistics in favor of Latah County.

State says there are other ways, short of venue change, to secure a jury, through questionnaires and voir dire.

State suggests closing certain hearings.

Suggests summonsing 1800 potential jurors. A large jury pool will alleviate many of the concerns.
That's the way they do it a lot of places. 1800 sounds pretty appeal proof.
 
[…]

The judge overseeing the capital murder trial of Bryan Kohberger, who’s accused of killing four University of Idaho students, held back from making a decision on where the trial should be held after a full day of testimony and arguments.

“I would say this is probably, professionally, the most difficult decision I’ve ever had to make,” said Judge John Judge, who is overseeing the case in the 2nd Judicial District in Latah County.

[…]

In the hearing’s final minutes, Judge said he was not going to give a decision in court. Both the defense and prosecution demonstrated “really solid positions,” Judge noted.

“I’ll do my best. It’s a challenge,” Judge said. “That’s probably all I should say at this point. But I listened carefully all day, and there was some really important things to think about (from) both sides.”

[…]

A number of Facebook groups, posts and videos appeared on screen, many of which used sensationalized language or speculated about case details.

Judge then stopped Edelman and paused the hearing, which was live-streamed to the public through YouTube.

“I don’t think we need to advertise all these, honestly,” Judge said. “We’ve been trying to protect from this kind of stuff. I’m aware of it, I don’t look at it, I don’t read it.”

Kohberger’s lead public defender asked for a break to discuss the situation privately. About 30 minutes later, court resumed, and Judge said they would take a one-hour lunch break. Judge decided the first 15 minutes following the recess would not be streamed to the public. Victims’ family members who were watching online were granted an exception and allowed to view those first minutes through Zoom, Judge said.

“It’s kind of a compromise,” Judge said. “We thought there were certain things that maybe we don’t want to send out to the public. I don’t necessarily know what it all is, but I need to look at it and see it.”

 
MOO

Remember he is innocent until proven guilty. We don't know for sure he did commit the crime.

And not sure how anyone has a problem if it is moved. If LE has evidence that he did it then they can prove it in any state or county.

Side note: I always thought it was interesting with BK's background that he'd pick a state that has the death penalty. Just another part of all of this that doesn't make any sense imo.

MOO

It does make sense he chose to commit murders in a DP state if you understand that he thought he was such a brilliant criminal investigator that he could fool everyone. He had to choose the grad school that accepted him and the fact he was in a DP state probably made it a more exciting challenge for him.

BTW, the trial itself does not have to move. If the judge were to rule in favor of the defense, all they have to do is choose a jury in another county, then have them travel to Latah Co for the trial. JMO, I still think the judge will decide against change of venue until they've had a chance to seat a jury there.
 
AT: no one is talking about BK's dog and how it's trained

AT: no one is talking about BK's good grades.

I mostly come to this forum when there’s something new, like today’s hearing, and I’m sure there are posts about this that I haven’t yet seen…but….

I am watching Brian Entin and just now viewed what you’ve posted above, @Megnut .

This is fascinating to me.

Are we at a Parent/Teacher Conference?
Are we at a visit to the veterinarian?

Are these statements supposed to be relevant to a change of venue? Really? I grasp that AT is attempting to show that positive statements about BK go unmentioned in the current venue, (or so she is trying to establish).

This really sounds though like the hundreds of P/T conferences I’ve attended as a mother, grandmother and as a teacher for 25 years. Or a trip to the vet to discuss how the dog is progressing.

Poor BK, his good grades have gone unheeded. IMO this in no way pertains to the crimes with which he has been charged.

The Unabomber was brilliant. That didn’t prevent him from sending explosives through the mail.

IMO, the touch DNA on the snap, under MM’s body, is proof enough. Plus the car, plus driving around the crime scene at the time, etc.

Ridiculous. The families are the living victims and IMO the trial should not be moved. It’s the 21st century; people far from Moscow (like me) know plenty about this case and have formed their opinions (like me) and therefore would be out on voir dire. Not just in Latah County.

JMO
 
Last edited:
But why is this issue of trial location dragging soooo much?

I could swear it was resolved last year.
I remember reading about it when I was following this thread.

I stopped now.

I'm only waiting for trial.

From MSM dated Feb 18, 2023 -- the change was for Daybell, not BK.

Either party, the prosecution or the defense, could file a motion for a change of venue. If granted, the change would transfer the trial to a county away from Moscow, the roughly 26,000-population college town in North Idaho that’s drawn unrelenting attention from national news outlets and true crime enthusiasts in the months since the four students’ deaths.

WHY MOVE THE TRIAL? There are several arguments to be made for changing the venue, but chief among them is the effect of pretrial publicity on potential jurors, according to Fremont County Prosecuting Attorney Lindsey Blake.

[...]

Chad Daybell’s lawyer requested a change of venue for the trial, arguing that substantial media attention would affect the court’s ability to find a fair and unbiased jury in Fremont County in East Idaho. A judge granted the request, moving the trial to the Ada County Courthouse in Boise. While the case is still under Fremont County’s jurisdiction, the jurors will be from Ada County. The decision to move a trial is up to the judge, Blake said. Most often, she added, it’s at the request of the defense, not the prosecution.


Read more at: https://www.idahostatesman.com/news/local/crime/article272187983.html#storylink=cpy
_____________________________

The statue for Idaho (linked below) does not define and/or illustrate the test that must be met by the defense but instead leaves the decision to grant or deny the Motion to the Court.

While I've often heard that a Change of Venue Motion is rarely granted, this wasn't the case in Colorado for Barry Morphew. I recall the defense simply hired a consultant who sent out a survey to the residents & tallied the results, and at the Motions hearing, the defense produced multiple notebooks of the news clippings where they cited pretrial publicity and the Motion for Change of Venue was granted, end of story. IMO, this quad-murder case has had equal if not more publicity in spite of the gag order.

At least this Judge is going to take some time to measure the evidence and opposition.


 

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