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Prosecutors argue for Kohberger trial to stay in Latah County

by HAILEY HILL
Hagadone News Network | August 13, 2024 5:32 PM

MOSCOW— Latah County prosecutors have filed an objection to Brian Kohberger’s defense team’s request to move his trial to Boise.  

Kohberger stands accused of killing University of Idaho students Madison Mogen, Kaylee Goncalves, Ethan Chapin and Xana Kernodle at an off-campus home in Moscow in November 2022. The defense argues media coverage of the murders and a survey of prospective jurors as reasons necessitating a change in venue, while prosecutors maintain that a fair trial can be held in Latah County.  

In the objection filed Monday, prosecutor Bill Thompson said the “defendant has failed to establish that a fair and impartial trial cannot be held in Latah County.”

Citing case law, Thompson argued that “the mere fact that the crimes reported by the media are gruesome or memorable does not render the publicity inflammatory to the extent of requiring a change of venue,” and the U.S. Supreme Court has ruled in past instances that “juror impartiality does not require ignorance.” While the case has received extensive media attention, Thompson also referenced a gag order and other restrictions that the court has implemented to maintain control. 

Thompson also questioned the defense’s argument for moving the trial to Boise, over 300 miles away, when the trial could be moved to neighboring Nez Perce County if a change in venue became necessary. 

“Transferring venue would not be convenient for the parties and witnesses, nor would it be in the interests of justice,” the objection read.  

A hearing on the change of venue argument is currently slated for Aug. 29, while the trial is set to begin in June 2025.