'Something happened': New Jersey Attorney David Gelman weighs in on judge's 'unusual' order in Bryan Kohberger's case

MOSCOW, IDAHO: In the murder trial against the University of Idaho stabbing suspect Bryan Kohberger, judge John Judge has issued an "unusual" order.

The judge has prohibited both the prosecution and the defense from contacting potential jurors without the court’s express permission.

The judge orders both parties to prohibit contacting jurors

Prosecuting Attorney Bill Thompson submitted a sealed motion requesting an order from the judge.

In response, the defense team for Kohberger, headed by Kootenai County public defender Anne Taylor, filed an objection under seal, Fox News reported.

Judge John Judge wrote in a short order on March 22, which was made public Monday evening, that "Both parties are prohibited from contacting potential jurors about this case, including via third parties, until further order of this Court."

It added, "A hearing on this issue will be held as soon as practicable."

Attorney explains John Judge's 'unusual' order 

David Gelman, a New Jersey-based defense attorney and former prosecutor, told Fox News that the judge’s order is “unusual.”

He said, “Jury ‘contact’ has long been forbidden, and attorneys should not have to be ordered to abide by this rule.”

It noted that judges often try to protect the jury pool by keeping facts about the case confidential. Also, a gag order has been in effect since virtually the minute prosecutors named Kohberger as their suspect. The majority of the case's filings have likewise been made under seal while the cameras are also not allowed inside the court. 

"Judges want to avoid jurors being given information about the case that could impact their ability to hear the case fairly and impartially," Gelman said.

Attorney David Gelman said something might have happened behind the scenes

Gelman suggested that something might have happened behind the scenes to prompt the judge’s order.

"I can't help but think that something happened which prompted the judge's order and he is probably defining contact to include some type of behavior that he is concerned about," he said.

"For instance, some type of juror research that might result in some type of social media contact," the attorney further told the station.

Bryan Kohberger’s defense seeks a change of venue

The order comes as the defense for Kohberger, a 29-year-old criminologist, is seeking a change of venue from Idaho’s Latah County from earlier this year.

This is where Kohberger is alleged to have stormed into an off-campus rental house and killed four students, Madison Mogen, 21, Kaylee Goncalves, 21, and Xana Kernodle, 20, as well as Kernodle's boyfriend, Ethan Chapin, 20 in November 2022. 

Two other housemates survived, including the only publicly known eyewitness.

Kohberger, of Pennsylvania, was attending Washington State University in pursuit of a criminology Ph D at the time of the murders. The campus is in Pullman, Washington, a 10-minute drive from Moscow, Idaho, where the students were killed. 

The defense argues that the tight-knit community of about 40,000 would be biased against him. However, lead prosecutor Bill Thompson countered that the case is already receiving global attention and media coverage and a change of venue would not be necessary.

"By way of example, there are a litany of cases where criminal cases had to be moved to different venues because of pre-trial publicity sometimes caused by the litigants," Gelman said.