Bryan Kohberger case: Suspect in Idaho student massacre requests change of venue after delay in trial

Warning: This article contains a recollection of crime and can be triggering to some, readers’ discretion advised.

LATAH COUNTY, IDAHO: Bryan Kohberger, the prime suspect in the Idaho student massacre case, has petitioned the court for a change of venue, seeking to move his trial away from the college town where he is accused of brutally murdering a group of undergraduates.

The 29-year-old Pennsylvania criminology PhD student stands accused of entering an off-campus home in Moscow, Idaho, on November 13, 2022, and killing four University of Idaho students, Ethan Chapin, 20, Kaylee Goncalves, 21, Xana Kernodle, 20, and Madison Mogen, 21, in their off-campus home in Moscow.

Bryan Kohberger's lawyer argues he won't get a fair trial in Latah County

Kohberger's lead defense attorney, Anne Taylor, argued that "a fair and impartial jury cannot be found in Latah County owing to the extensive, inflammatory pretrial publicity, allegations made about Mr Kohberger to the public by media that will be inadmissible at his trial, the small size of the community, the salacious nature of the alleged crimes, and the severity of the charges Mr Kohberger faces."

The town of Moscow, where the incident occurred, is the seat of Latah County, and approximately half of its 40,000 residents (excluding students) call it home.

"Enlarging the jury pool will not do anything to overcome that pervasive prejudicial publicity because Latah County does not have a large enough population center to avoid the bias in the community," Taylor wrote in a Tuesday court filing. "Further, the size of the community and the interconnectedness of its citizenry is problematic and will prevent a fair and impartial pool of potential jurors."

Defense's bid for trial delay until 2025 denied

The legal proceedings surrounding Kohberger's case have been largely conducted behind closed doors, with numerous filings under seal and a restrictive gag order in place. New Jersey defense attorney David Gelman characterized Kohberger's venue change request as part of a comprehensive legal strategy, labeling it a "kitchen sink defense" involving various procedural attempts to dismiss or delay the case.

Last week, Taylor sought a trial delay until at least 2025, citing insufficient time for discovery and witness interviews. Although Latah District Judge John Judge deferred scheduling a trial date, he denied Taylor's efforts to dismiss the indictment against her client.

Change of venue not an uncommon legal maneuver for high-profile cases

Change of venue requests are uncommon but have precedent in high-profile cases, including the trials of Idaho's "cult mom" Lori Vallow and California's Scott Peterson. "This was to be expected, 100%," remarked Edwina Elcox, a prominent Idaho defense attorney who previously represented Vallow.

"What is remarkable is that the prosecution has already mounted an opposition to this motion by the comments made in court. A change in venue seems entirely appropriate in this case," as per Fox.

The suspect, Kohberger, was arrested at his parents' Pennsylvania home almost seven weeks after the murders. DNA evidence, including a sheath of the knife allegedly used in the stabbings, and cell phone pings have tied Kohberger to the crime scene.

During his arraignment in May, the judge entered not-guilty pleas on Kohberger's behalf. If convicted, he may be subject to the death penalty.