Trial of the Century Heads South 

Judge John Judge called it “the most difficult decision” of his career. 

On Tuesday, in an upstate court in Idaho, the presiding judge over a case that has gripped the nation’s attention gave the defense what it had long sought: The trial against the accused murderer Bryan Kohberger will be moved, probably as far as five hours south to the suburbs of Boise.  

“Considering the undisputed evidence presented by the defense, the extreme nature of the news coverage in this case, and the smaller population in Latah County, the defense has met the rather low standard of demonstrating ‘reasonable likelihood’ that prejudicial news coverage will compromise a fair trial in Latah County,” Latah County District Judge John Judge wrote in a brief.

Kohberger, a 28-year-old former Washington State doctoral student, is accused of fatally stabbing four University of Idaho students in the early morning hours on November 13, 2022. Kohberger has silently but steadfastly denied he murdered students Ethan Chapin, Xana Kernodle, Madison Mogen, and Kaylee Goncalves in an off-campus rental home.

The crime scene was particularly heinous. Reports of blood “oozing through the walls” filtered out from the sleepy college town as stunned local cops called the murders “the worst we’ve ever seen.”

The venue change is a blow for state prosecutors who argued that families of the victims live in northwest Idaho and that the distance to Ada county, more than 300 miles south, could prohibit them from attending.

Moving the venue of a trial is incredibly rare and requires a high burden of proof that the proceedings could be prejudiced. 

Defense attorneys for Kohberger argued the jury pool would be tainted in an area as small as Moscow and one situated so close to the murders. A majority of residents polled in Latah County believe Kohberger is guilty of the crimes before the trial has begun. Defense attorneys also presented evidence that a portion of those surveyed threatened to “burn down the courthouse” if Kohberger was acquitted. 

Speaking with CourtTV, criminal defense attorney Joseph Tully argued that this bias would likely lead to an immediate and potentially successful appeal if Kohberger is found guilty in Latah.

“There really would’ve been a big chance for an appeal to win based on the idea that the trial was not fair,” said Tully. “I think the judge made the right call to move the case and preserve the sanctity of the jury’s verdict.”

The family of Kaylee Goncalves expressed anger following Judge Judge’s decision.

“We are incredibly disappointed in the Judge’s ruling granting the change of venue. The only good thing about this decision is it will be Judge Judge’s last decision in this case.”

Kohberger faces an uphill battle regardless of where the trial takes place. 

Dylan Mortensen, a surviving roommate who claims to have spotted the killer moving through the house, identified the intruder as an athletically-built man with bushy eyebrows. Kohberger fits that description to a tee. And video surveillance footage shows a mysterious white Hyundai Elantra, the same color and make of Kohberger’s sedan, outside the house around the time the murders occurred. 

Moscow police’s lead investigator, Corporal Brett Payne, recalls feeling a “mounting sense of triumph” when Kohberger’s image flashed up on his screen during the investigation. 

The prosecution of Kohberger will likely hinge on a modern form of DNA analysis known as investigative genetic genealogy, or IGG, that was used to initially identify Kohberger. 

Investigators camped outside Kohberger’s Pennsylvania home in Albrightsville and collected trash samples that matched the DNA profile of Kohberger’s father to a single DNA stamp on a knife sheath found at the crime scene. 

Kohberger’s defense has demanded to see the IGG evidence, although prosecutors claim it will not be presented at trial. Critics of IGG argue it violates Fourth Amendment protections against unreasonable search and seizure without probable cause. 

When the younger Kohberger was arrested, police gathered a DNA sample from the former criminology student they claim is a “near-exact” match to that of the DNA found on the knife sheath. 

Speaking with NewsNation following the announcement, the legal analyst Sara Azari said the venue change was a big deal, but won’t change much if prosecutors bring their A-game. 

“The lack of bias in a jury could very well make a difference,” Azari said. “But on the other hand, or on the flip side, if the evidence is really overwhelming against Kohberger, it really doesn’t matter if the case is tried in Boise, Idaho or on Mars.”

Kohberger’s trial is the latest in a string of high-profile cases to be tried in Idaho since the Covid years. Earlier this year, Idaho jurors found the “doomsday killers” Chad and Lori Daybell guilty of murdering Chad’s wife and Lori’s two children before fleeing to Hawaii where they were later captured.