ID - 4 University of Idaho Students Died in Apparent Homicide, Moscow, 13 Nov 2022 ****Media Thread**** NO DISCUSSION #2

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Underway in a few minutes. Lots in attendance for today’s hearing.

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We’re live this morning outside the Latah County Courthouse.
Bryan Kohberger will be in court at 9 - his team will fight to get his trial moved to Boise.

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Hearing is underway.
A link to watch live is on KXLY+ @kxly4news
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The state is slated to bring up five witnesses today. The first: James Todd Murphy, President of ‘Truescope’ a media monitoring analysis service


Truescope has been collecting media data on this case since February. Murphy says his company, in part, can track the circulation and frequency of stories for media outlets - from newspapers to broadcast news


Murphy shared this graph, showing media volume by county.Latah County had 36% of media coverage, while Ada county had 27.7%.Basically he’s saying media coverage is much more likely to be seen per person in Latah county than in Boise. By his metrics, twice as likely

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Here’s a graph which displays how Latah County’s media coverage more than doubles media coverage in Ada County.From January 2023 - August 2024

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The defense is trying to prove media coverage of this case is prominent in Latah county and has corrupted the jury pool
 

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We're back on the record. An EWU Professor is taking the stand, discussing how publicity of a case can shape potential jurors. Specifically, how jurors might struggle to be objective because of media saturation, among other issues.

Her name is Dr. Amani El-Alayi, a social psychologist

This is an interesting 1-2 punch by the defense: they open with a witness proving Latah County is saturated with the most news about this case in the state, then follow with an expert in social psychologist who says these stories often create pretrial bias and assumption of guilt

For instance, she references classical conditioning: When media pairs a defendants picture with aversive terms, murder details, well-known killers, it often illicits a negative response from viewers.

Dr. Amani El-Alayi's conclusion: using jurors who have had less exposure to this story and are as far removed from Latah County as possible.

@JordanSmithKXLY
 


8/29/24 --Started streaming 2 hours ago #bryankohberger #idahostudentmurders #lawandcrime

The man accused of murdering four University of Idaho students in their off-campus home is asking the courts to move his trial to a different county. Bryan Kohberger’s defense team believes the “mob mentality” of locals will result in an unfair trial with potential riots if he’s found not guilty. Prosecutors opposed their bid to move the trial to a county 300 miles away and claimed the defense has failed to prove the move is necessary. Kohberger is accused of fatally stabbing Ethan Chapin, Xana Kernodle, Kaylee Goncalves, and Madison Mogen in November 2022
 

8/29/24

Attorneys for Kohberger, 29, argued in a court filing the trial should be moved out of Latah County due to a “mob mentality” threatening the safety of their client and the courthouse. They’re hoping to move the trial more than 300 miles away to Ada County, home of Boise, the state’s capital and largest city.

“The traumatized town of Moscow is understandably filled with deeply held prejudgment opinions of guilt,” the defense wrote.
 

Aug 29, 2024

In a motion filed last week, Kohberger’s lawyers surveyed potential jurors in Latah County who said there could be violence in the local area if he is found not guilty.

Potential jurors said “there would likely be a riot” and “they’d burn the courthouse down”. Prosecutors accused Kohberger’s team of using flawed survey data in its requests to move the trial, and argued the victims’ families will be affected if the case is moved.

Judge John Judge is presiding over the hearing this morning.

Kohberger is set to stand trial in June 2025.
 
@JordanSmithKXLY

3 hours in, here’s the main takeaway: Defense says excessive media coverage creates pre-trial bias. Their solution? Move the trial where there’s been less coverage.Still 2 experts to go. We’ll go another 45 and break for lunch. It’s looking like a long day in court.

3:06 PM · Aug 29, 2024
 
@newsfromkerri

Getting ready for the #Kohberger change of venue hearing. Defense wants murder trial moved to Ada County; state will argue to keep it in Moscow. Lots of media covering this today. Should start soon.


Live stream has begun in Latah County District Court. Judge John Judge is on the bench. Defense is starting arguments on pre-trial publicity and will be calling several witnesses about previous media coverage of Moscow murders.


First witness is James "Todd" Murphy, president of a media monitoring and analysis service. His company tracks feeds of online, print and broadcast reports. Murphy is from Nebraska.

Murphy says he purposely didn't follow case closely because he knew he'd likely be called to testify. I've paid very little attention to the media exposure, he says. Just found out Judge John Judge's last name last night, which sounds like he was "born for this role.”

His company has focused on media coverage since Feb. 15, 2023. Murphy mentions Moscow-Pullman Daily News, local TV news outlets and designated market areas that serve this region. Frequency of media coverage is tracked, along with demographics.


Circulation, viewership, everything is analyzed, Murphy says, including paywalls and access. Judge says defense's brief was 300 pages, and more reports will be entered into record. Info is collected in real time, such as stories about today's hearing.


Volume of media exposure in Latah County is 36%, compared to Idaho's population, which is about 3%, according to Murphy. Ada County had 34% exposure, compared to 26% population relative to all of Idaho.


In other words, Latah County had more #Kohberger case saturation than Ada County, Murphy says. Bannock and Canyon counties were also studied. Those counties had much smaller saturation rates, Murphy says.


Media coverage over time indicates Ada County got more coverage early on, but Latah County had the most exposure for the majority of time. Ada spiked during indictment, but Latah was more consistent up to August of this year.

This extreme story has "legs," in media terms. It will be of interest up to and beyond the conclusion of this case, Murphy says. However, across the country, interest typically decays a bit, but local interest will remain high. Significant hearings, such as this, cause upticks.


Now talking about Lewiston and Nez Perce County. Murphy says this area has the same saturation rate as Latah County.


State is now cross examining Murphy. His company was not tracking media when Kohberger was arrested in Dec. 2022. First six months of 2023, Ada County had more intense media coverage of the Moscow murders and Kohberger's arrest. Murphy agrees with that statement.


State confirms coverage between two counties is close, and Ada could surpass Latah again in number of stories about this case. Defense is now back up asking about Nielsen ratings. Comparing Spokane and Boise media markets, Spokane's is ranked higher, Murphy says.


Court is taking a quick break. Hearing will resume at 10:20 a.m.
 
@newsfromkerri

Quick sidebar from me: Change of venue hearings are always interesting to reporters. It's kind of like a report card on how we did. Local media didn't sensationalize this case, in my opinion. It was one of the worst things to ever happen in our community and entire region.

Back on the record in Latah Co. District Court. State v. Kohberger continues. Next defense witness is Dr. Amani El-Alayli, a professor at EWU. She is a consultant and social cognition researcher.


She supports a change of venue for a fair trial. Emotions can reduce impartiality, El-Alayli says in her court report. This case took a substantial emotional toll on Latah County, she wrote. Defense attorney Anne Taylor is handling this questioning.


"Potential effects of media coverage on prospective jurors" is now being shown in court. The research shows pre-trial publicity is linked to outcomes, El-Alayli says. If someone is exposed to case, the tendency is it affects judgment in terms of likeability, criminality, guilt.


Media stories may provide easy decision shortcuts that can cause people to make judgments of guilt about Kohberger, she reports. Examples of headlines about the Moscow murders are being introduced, such as "Kohberger indicted by grand jury." Authorities can boost pre-trial bias.


Authority figures in a small community, such as Moscow, are typically trusted. For example, Chief Fry said he was certain the correct person was arrested, but no trial had taken place, the expert says.


UI President doubled down on saying the right person was arrested, and he is a trusted authority figure in this university town, she says. Pairing of defendant's name and photo with negative terms creates an automatic response, El-Alayli says.


Photos and ominous headlines can give jurors a bias as soon as they see Kohberger in court, the expert says. Media played a role in these emotional influences. There was motivation to believe that the police had arrested the correct person, she says.


That "sigh of relief" assumes he is guilty, she says. If you live in region where these four murders occurred, empathy for victims, fear and other factors can influence jurors. Once a person develops impressions about guilt, it can impede his/her ability to be a fair juror.


Confirmation bias and belief perseverance research indicates people tend to stick with their opinions, even when contradictory evidence is introduced, the EWU professor says.



Cognitive dissonance creates an inner clash, such as a conflict between community loyalty and belief in the defendant's innocence, El-Alayli says. They know the community wants closure, and reality can be distorted when this happens.


Expert says mitigating juror bias isn't feasible in Latah County. During jury selection, potential jurors may be unable to report exposure fully. It would be hard to find people who have not been exposed to this case or are unbiased, according to the testimony.


Kohberger's trial is expected to take three months, beginning on June 2. El-Alayli says jury instructions to disregard information are typically ineffective and can backfire. Factual or emotional pre-trial publicity still have influence, she says.


Jury deliberation does not undo pre-trial publicity effects, even when only some jurors were exposed, according to this researcher. Group leanings can become stronger with discussion. Recommended best practice: Use jurors who have less exposure and less reason for prejudgment.


In Latah Co, potential jurors have been to vigils, consumed media, had emotional experiences. Al-Alayli says jurors in this case should be as far away as Moscow as possible.
 
@newsfromkerri

Next witness is Dr. Bryan Edelman, who conducted a survey in Latah Co. He is a trial consultant with an extensive background in social psychology and research. Defense is going over his resume right now. Impact of media coverage is his focus.


Edelman says people have well-developed attitudes in a high-profile case like this, rather than being blank slates. Taylor is taking him through field research findings, media habits, and case knowledge. People who know a lot of detail more likely to think defendant is guilty.


Judicial remedies do not eliminate pre-trial publicity effects, such as voir dire or court instructions, Edelman says. (He is now referencing research and case studies.) Negative stories have a significant effect on jurors, he says, based on an experiment.


Jurors who haven't been exposed to media develop opinions based on evidence. In high-profile cases, they already have opinions about guilt, Edelman says. Cell tower data, a vehicle, DNA results are part of coverage in this case, and it helps confirm their beliefs.


Edelman mentions Nancy Grace, who sat a desk in front of Kings Road house where murders occurred. Sensational reports can impact jurors, he says. His first research step is to subscribe to local newspapers.


In Latah Co., 240 articles were published in Daily News and Argonaut. He also included Lewiston Tribune, adding another 200 articles. Kohberger case had 444 articles in a population of about 40,000 people, he says.


This case has generated significant content and discussion on social media, including Facebook groups dedicated to Moscow murders, Edelman says.


This case has captured the public's attention, Edelman says. His search of Moscow murders on Facebook is scrolling, and judge is asking for it to not be presented. This is what we're trying to avoid, he says. Brief break now in progress as attorneys go off the record.


Court is going to take a break and come back at 1:30 p.m. The live stream will be disabled for the first 10 to 15 minutes, but the families of the victims can still observe, judge says. Prosecutor says it's a reasonable compromise.
 
@newsfromkerri

Judge is back for afternoon session of this change of venue hearing in State v. Kohberger.


No stream yet. Once it resumes, you can view what’s happening on @judgejohnjudge’s YouTube channel or follow along here.


Edelman back on the stand talking about telephone survey methodology. Taylor is handling questioning on behalf of defense.

Interesting findings on screen: Believe Bryan Kohberger is guilty of murder? Latah: 67% yes; Ada: 68% yes.


Edelman is saying even though those numbers are basically the same, Ada County isn’t as invested in this case, less people there have made prejudgments, he says.

Murders were more shocking to residents in Moscow, expert says. He’s saying there are more personal connections to the crime here than in Boise.


He read all the local coverage. Survey questions designed to trigger memories of what they’ve seen, read or heard about the case.


People are closely following the case, and 77% believe he’s guilty of murder, Edelman says. Prospective jurors in Latah County are talking about it. Rumors spread through community.


Latah County residents lived in an elevated state of fear during the search for the suspect, Edelman says. This crime shattered sense of security and devastated community.


40% of residents who know about case visited or walked by 1122 King Road house. The media coverage has undermined the presumption of innocence, Edelman reports.


More than half of the prospective jurors want death penalty. There will be community pressure on a Latah County jury to convict, Edelman says.


Community and personal connections to case less in Ada, Canyon and Bannock counties. Edelman says people in those counties are less likely to have made prejudgments. Ada County is largest county in state. Latah is 11th in population.

He’s going through survey results. No data to suggest people exposed to prejudicial coverage can set it aside, Edelman says.

His opinion is Latah County can’t seat a fair and impartial jury in this case. Presumption of guilt prevails in this community, Edelman says.

On break until 3:20 pm.
 
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LIVE BLOG OF HEARING

[..]

What happened when live feed was cut​

23:22 , Andrea Cavallier

When court returned from lunch break, there was a 10-minute portion that was not livestreamed.

During this time, the defense expert was allowed to show the social media posts that prompted the judge to pause the hearing before lunch.

Edelman claimed the posts show bias and conspiracies, including a clip of Nancy Grace, as he argued his point that selecting from a jury pool in Moscow would not give Kohberger a fair trial.

Judge abruptly halts hearing​

23:18 , Andrea Cavallier

Judge John Judge abruptly halted the hearing after expert witness for the defense Brian Edelman showed social media posts in court.

Edelman is the co-founder of California-based jury consultancy Trial Innovations, who was hired to conduct a survey of prospective jurors in Latah County.

During his presentation, Edelman showed a screen recording of him scrolling through the Facebook post results that appeared when he searched “Moscow murders.”

Court is back in session​

22:04 , Andrea Cavallier

Kohberger’s hearing has resumed its afternoon session.

Watch live on Judge John Judge’s YouTube page:

County commissioners approve $150K boost to Kohberger trial expense budget​

20:30 , Andrea Cavallier

The county’s Board of Commissioners on Tuesday approved boosting Latah County District Court’s trial expense budget to $150,000 for fiscal year 2025 -- more than 40 times their 2024 budget of $3,500, according to ABC News.

Officials have said the county requires a cash infusion because the high-profile trial will cost taxpayers a lot of money.

Court on lunch break​

20:25 , Andrea Cavallier

Court is on lunch break until 1:30pm local time/4:30pm EST.

When court resumes, the livestream will start up 10 minutes later due to a portion of the proceedings that Judge Judge says will not be for the public.

[..]
 
@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.
 

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