LATAH COUNTY, Idaho (Court TV) — A judge is expected to rule on whether Bryan Kohberger’s defense can continue its survey of prospective jurors, by asking nine case specific questions including two of which contain false information about the defendant.
The defense is seeking to move the trial out of Latah County, where four University of Idaho students were murdered and where Kohberger’s attorneys say he cannot get a fair trial.
Lawyers met Wednesday to argue whether the survey violates the court’s non-dissemination order that has kept much of the evidence under seal and prohibited either side from making statements about the case outside of the courtroom.
Bryan Kohberger walks into a Latah County courtroom on Sept. 13, 2023. (Court TV/POOL)
Kohberger’s defense team contracted Trial Consultant and Change of Venue expert Bryan Edelman to conduct a survey of 400 residents in Latah County to determine the impact of pretrial publicity on the community. Edelman testified that the nine case specific questions, including two that contain false information are necessary to ferret out bias.
Edelman says the questions were based on information gleaned from the public record and media accounts. His analysis of the data suggests that the more someone knows about Kohberger’s case, the more likely they are to opine that he is guilty. He also told the court that posing questions that contain false information is necessary to determine what misinformation is prejudicial.
Among the nine case specific questions that are being asked of prospective jurors is, ‘Have you read, seen or heard that Bryan Kohberger stalked one of the victims?’ Both sides agree the statement is false, and sparked objections from Latah County Prosecutor Bill Thompson, that the case specific questions are potentially tainting the jury pool and violating the non-dissemination order.
The judge ordered a halt to the survey until he could examine the issue more thoroughly. The judge appeared to be concerned about the two questions that contain false information that he stated did not come from the public record.
Defense attorneys argued against forcing Edelman to change his methodology and sought to continue the survey of two more counties using the same set of questions. The defense said a comparative analysis is warranted to allow the judge to determine whether a venue change is warranted and where else the trial could possibly be held.
“Our defense team firmly, firmly believes in Bryan Kohberger’s innocence and right now he will be tried in a county that believes he is guilty,” said Attorney Elisa Massoth. “Data from Latah County shows there is a presumptive of prejudice and you will not have comparative surveys to fully inform the court.”
The judge did not immediately issue a ruling but agreed to move the Change of Venue Motion to June 27.
Bryan Kohberger Defense Survey Questions:
- Have you read, seen or heard if Bryan Kohberger was arrested 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?
- Have you read, seen or heard that DNA found on the knife sheath was later matched to Bryan Kohberger?
- Have you read, seen or heard if Bryan Kohberger owned the same type of car reported on the video driving in the neighborhood where the killings occurred?
- Have you read, seen or heard if the cell phone tower data showed that Bryan Kohberger made several trips near the victims’ home in the month before the killing?
- Have you read, seen or heard if the University students in Moscow and their parents lived in fear until Bryan Kohberger was arrested for the murders?
- Have you read, seen or heard if Bryan Kohberger said he was out driving alone on the night of the murders?
- Have you read, seen or heard if Bryan Kohberger stalked one of the victims?
- Have you read, seen or heard if Bryan Kohberger followed one of the victims on social media?
