An Idaho judge on Thursday criticized murder suspect Byran Kohberger's defense team for a questionnaire they sent to approximately 400 local residents — and possible jurors — who could preside over the case.
John Judge's harsh remarks come as an attorney for Kohberger, who is accused of killing four University of Idaho students in their Moscow home in November 2022, pushes to get his trial moved to a different county, alleging that Latah County residents are biased toward her client.
Thursday's hearing began with Latah County prosecutor Bill Thompson listing some of the specific questions that the defense included in their survey distributed to locals, including: "Have you read, seen or heard about Bryan Kohberger's arrest 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?" and "Have you read, seen or heard that DNA found on the knife sheath was later matched to Bryan Kohberger?"
The judge noted that the defense's questionnaire was submitted to 400 people "without the permission of the court" and "without discussion with the state." Thompson and Judge suggested that the questions in the survey detailed too much information about a murder case that has a gag order.
"Your honor, there is absolutely no question those questions are disseminating, by means of communication, evidence expected to be presented, evidence that could be or would be inadmissible at trial," Thompson said. "I will say there are a number of these representations placed in the form of a question by representation of fact that are not true."
He added that the "questions go far beyond" concerns of public sentiment, which was supposed to be the purpose of the questionnaire — to determine which members of Latah County, if any, could sit on a jury in Kohberger's trial and fairly judge evidence presented by both sides.
Kootenai County Public Defender Anne Taylor was gathering evidence ahead of a venue-change hearing, during which they would make their case to move his trial to a larger jurisdiction. Taylor's office hired a social psychologist named Bryan Edelman to conduct the polling, but she later conceded that "many" of the questions he constructed were "NOT factually correct."
Edelman, meanwhile, denied violating the gag order over Kohberger's case with his questions, writing in a signed declaration that none of them "included any information that was not widely reported and available in the public domain."
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"It's kind of ironic that we have worked so hard … both sides, to protect a fair trial, and our concern from the very beginning was all the media stuff floating around that affects your client, Mr. Kohberger, to get a fair trial," Judge told the defense on Thursday. "And some of these questions actually create a concern … that they're inculpatory. It could be prejudice for this client."
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Judge further stated that he was "surprised" the defense and prosecution didn't come together to determine what information should be released to the public.
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"It really concerns me," he said.
Judge also took issue with the defense's claim that he violated "due process" by preventing Kohberger's attorneys from continuing their surveying of prospective jurors.
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"I mean, that's troubling," Judge said, adding later: "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 — a former criminology Ph.D. student at Washington State University in nearby Pullman, Washington — is charged with four counts of murder and burglary after he allegedly stabbed 20-year-old Xana Kernodle, 20-year-old Ethan Chapin, 21-year-old Kaylee Goncalves and 21-year-old Madison Mogen with a KA-BAR knife in the early morning hours of Nov. 13, 2022.
Kohberger was arrested in late December 2022. His trial is scheduled for no later than the summer of 2025. Prosecutors are seeking the death penalty.
Fox News' Michael Ruiz contributed to this report.
