MOSCOW, Idaho — The defense of accused killer Bryan Kohberger argued that the "mob mentality" within the community is the main reason why the trial should be moved out of Latah County.
According to court documents filed on Monday, the defense argues that the pressure to convict Kohberger is so severe that survey respondents had the following responses if he was not convicted:
- “They’d burn the courthouse down. Outrage would be a mild description.”
- “They would probably find him and kill him.”
- “There would likely be a riot and he wouldn’t last long outside because someone would do the good ole’ boy justice.” “Enraged strong opinions. Firing of officers.”
- “Riots, parents would take care of him.”
"The mob mentality within the community is the exact reason that statutory grounds, prior to selecting the jury, exist to move venue," the defense wrote. "Given these responses from potential jurors in Moscow and the State’s acknowledgment that a remedy is needed for a jury to be selected, the state recognizes the obvious: an enormous venue problem exists."
The defense further argues that media coverage in Latah County is the highest in the state and "does not wane." The defense also argues that the unrefuted survey data justifies changing the venue, saying that the state's claims about the survey are wrong.
The defense argues that the survey shows the impact of media coverage, arguing that the "more media items a potential juror knew, the higher the prejudgment for guilt."
The defense also argues that the state's proposed remedy of expanding the jury pool to Nez Perce County is not a remedy because people living in Lewiston and Nez Perce County are in the same designated market area as Latah County. The defense argues that people in that area have been exposed to the same media coverage, further arguing that they "share the same pressure to convict that exists in Latah County."
The defense also argues that vetting and sequestration are not valid remedies proposed by the state.
Finally, the defense argues that precedent in Idaho supports a change of venue, citing State v. Lori Vallow and State v. Chad Daybell as two cases that changed venue.
The defense argues certain accommodations that Ada County's courthouse would provide are not possible in Moscow.
"The issue of venue reaches finality with a change to Ada County because the Latah County mob mentality will never produce a venire that results in a cross-section of the community," the defense argues.
Kohberger is accused of killing four University of Idaho students: Madison Mogen, Kaylee Goncalves, Ethan Chapin and Xana Kernodle.
A change of venue hearing is scheduled for Thursday, August 29.
A trial date has been set for June 2025.
The prosecution is seeking the death penalty if Kohberger is found guilty of the murders.