Judge disapproves 'prejudicial' questionnaire to 400 potential jurors by Byran Kohberger's defense team

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

MOSCOW, IDAHO: An Idaho judge, John Judge, expressed his disapproval on Thursday, April 4, over the actions of murder suspect Byran Kohberger’s defense team.

They had sent a questionnaire to approximately 400 residents, potential jurors, who could preside over the case Fox News reported. 

Controversial questionnaire by Byran Kohberger's defense team 'concerning' 

The hearing on Thursday, April 4, started with Latah County prosecutor Bill Thompson highlighting some specific questions in the survey distributed to locals.

The questions pertained to details about Kohberger’s arrest and the evidence found at the crime scene following the murder of Ethan Chapin, 20, Kaylee, 21, Xana Kernodle, 20, and Madison Mogen, 21, in their off-campus home in Moscow on November 13, 2022.

The judge pointed out that the defense’s questionnaire was disseminated to 400 people “without the permission of the court” and “without discussion with the state.”

Thompson and Judge suggested that the survey revealed too much information about a murder case with a gag order.

Thompson said, “Your honor, there is absolutely no question those questions are disseminating, by means of communication, evidence expected to be presented, evidence that could be or would be inadmissible at trial.”

Byran Kohberger's defense team's action could prejudice the case 

Some of the questions included in the questionnaire were, "Have you read, seen or heard about Bryan Kohberger's arrest at his parents' home in Pennsylvania?"

"Have you read, seen or heard if police found a knife sheath on the bed next to one of the victims?" and "Have you read, seen or heard that DNA found on the knife sheath was later matched to Bryan Kohberger?"

The judge expressed his concern over the defense’s actions, saying, “It’s kind of ironic that we have worked so hard … both sides, to protect a fair trial, and our concern from the very beginning was all the media stuff floating around that affects your client, Mr Kohberger, to get a fair trial.”

He added that some of the questions, "could be prejudice for this client."

Judge surprised over defense and prosecution to determine what information to be released to the public 

The publication noted that ahead of a venue-change hearing, Public Defender Anne Taylor is preparing evidence to argue for relocating the trial.

Taylor admitted that “many” questions from social hired psychologist Bryan Edelman’s poll were “NOT factually correct.”

Edelman, however, asserted that his questions didn’t breach the gag order, stating in a declaration that they “included any information that was not widely reported and available in the public domain.”

The judge expressed "surprise" that the defense and prosecution had not collaborated to decide which information should be made public, stating that, "it really concerns me" as reported by the station. 

The judge also contested the defense's assertion that he breached "due process" by halting Kohberger's lawyers from further surveying potential jurors.

He said, “I mean, that’s troubling...This is a big deal, and I take it very, very seriously.”