Idaho murders: Judge lifts survey pause allowing Bryan Kohberger's defense team to pursue change of venue

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

MOSCOW, IDAHO: The judge overseeing the trial of Bryan Kohberger, who stands accused of the quadruple murder of University of Idaho students in 2022, has lifted the pause on surveys being conducted with potential jurors, according to a recent court order.

Kohberger, a 29-year-old criminology PhD student at Washington State University, was charged with the brutal killings of Madison Mogen, 21, Kaylee Goncalves, 21, Xana Kernodle, 20, and Ethan Chapin, 20, at an off-campus residence on November 13, 2022. He pleaded not guilty to the crime in May 2023.

Judge allows change of venue in Bryan Kohberger trial

Latah County District Court Judge John Judge decided that the defense team could proceed with surveys "without modification" to the questions previously posed. The surveys were temporarily halted on March 22 but have now been given the green light to continue.

During hearings held on April 4 and April 10, defense attorney Anne C Taylor highlighted the significance of the surveys in seeking a change of venue for the trial, citing intense local media coverage of the case.

“Additionally, one of the questions was not based on admissible or inadmissible ‘evidence’ but instead asked about the feelings of members of Moscow community,” Judge explains. “Therefore, the defense did not violate the Nondissemination Order by asking seven of the nine questions,” reported CNN.

Judge allows surveys to proceed despite potential prejudicial content

Judge John noted that many questions were derived from the unsealed probable cause affidavit, making them permissible. "Because the information is now in the public record, the Court does not see any benefit in preventing the defense from continuing its surveys or requiring that the two questions at issue be eliminated," he stated.

However, he acknowledged that some questions may contain “prejudicial information or misinformation” about Kohberger. “If defense counsel believes asking these survey questions, which arguably contain prejudicial information or misinformation about Defendant, is more beneficial than harmful … this Court does not, at this juncture, have sufficient information to second guess that strategic decision by trial counsel,” Judge claimed. If convicted, Kohberger faces the death penalty.