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An Idaho judge on Thursday criticized murder suspect Byran Kohberger’s defense team for a questionnaire they sent to approximately 400 local residents (and potential jurors) who could preside over the case.
John Judge’s harsh comments come as the attorney for Kohberger, accused of killing four University of Idaho students at his Moscow home in November 2022, pushes for his trial to be moved to a different county, claiming the Latah County residents are biased toward their client. .
Thursday’s hearing began with Latah County Prosecutor Bill Thompson listing some of the specific questions the defense included in its survey distributed to locals, including: “Have you read, seen or heard about Bryan’s arrest Kohberger at his parents’ house in Pennsylvania?” “Have you read, seen or heard if the police found a knife sheath on the bed next to one of the victims?” and “Have you read, seen or heard that the DNA found on the knife sheath later matched that of Bryan Kohberger?”
The judge noted that the defense questionnaire was presented to 400 people “without the permission of the court” and “without discussion with the State.” Thompson and Judge suggested that the survey questions detailed too much information about a murder case that has a gag order.
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“Your Honor, there is absolutely no doubt that those questions are disseminating, through the media, evidence that is expected to be presented, evidence that could be or would be inadmissible at trial,” Thompson said. “I will say that there are several of these representations presented in the form of a question by representation of fact that are not true.”
He added that the “questions go far beyond” concerns about public sentiment, which was supposed to be the purpose of the questionnaire: to determine which Latah County members, if any, might serve on a jury in the Kohberger trial. and fairly judge the evidence presented. on both sides.
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Kootenai County Public Defender Anne Taylor was gathering evidence ahead of a change of venue hearing, during which they would make their case to move their trial to a larger jurisdiction. Taylor’s office hired a social psychologist named Bryan Edelman to conduct the survey, but she later admitted that “many” of the questions he constructed were “NOT objectively correct.”
Edelman, meanwhile, denied violating the gag order on Kohberger’s case with his questions, writing in a signed statement that none of them “included information that was not widely disseminated and available in the public domain.”
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“It’s a little ironic that we have worked so hard… on both sides, to protect a fair trial, and our concern from the beginning was all the media material that is circulating out there that affects your client, Mr. Kohberger, to obtain a fair trial.” the judge told the defense on Thursday. “And some of these questions actually create the concern… that they are incriminating. It could be biasing for this client.”
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Judge further stated that he was “surprised” that the defense and prosecution did not come together to determine what information should be made public.
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“This really worries me,” he said.
The judge also took issue with the defense’s claim that he violated “due process” by preventing Kohberger’s attorneys from continuing to investigate potential jurors.
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“I mean, that’s concerning,” Judge said, later adding, “This is a big deal and I take it very, very seriously.”
His defense attorneys have argued that due to the high-profile nature of the case and the publicity surrounding it, Kohberger’s trial should be moved elsewhere.
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Kohberger, former doctor in criminology. student at Washington State University in nearby Pullman, Washington, is charged with four counts of murder and robbery after he allegedly stabbed Xana Kernodle, 20, Ethan Chapin, 20, Kaylee Goncalves, 21, and Madison Mogen, 21 years. with a KA-BAR knife in the early morning hours of November 13, 2022.
Kohberger was arrested at the end of December 2022. His trial is scheduled for summer 2025 at the latest. seeking the death penalty.
Fox News’ Michael Ruiz contributed to this report.
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