Judge allows Kohberger survey to continue
Judge reasons that aspects of survey objected to became part of the public record during court hearing
MOSCOW -- Latah County District Judge John Judge is allowing Bryan Kohberger’s defense to continue asking potential jurors to participate in a survey regarding the quadruple murder case.
On Friday, Judge officially lifted his previous order banning the defense from contacting prospective jurors in Latah County and other Idaho counties. Judge made his decision following two April hearings on the matter.
The defense, led by public defender Anne Taylor, is preparing to argue for moving Kohberger’s trial to another county in Idaho. The defense hired trial consultant Bryan Edelman to create a survey that aims to measure bias among potential jurors. Around 400 people responded to the survey.
Edelman said during the April 10 hearing that the purpose of the survey is to assess what residents have read, seen or heard about the Kohberger case in the media, and their opinions on the case. He said the information that has been widely disseminated by the media.
Latah County Prosecutor Bill Thompson argued this survey violates a nondissemination order put into place last year. The order prohibits people involved in the case from publicly disseminating certain information about evidence outside the courtroom.
Thompson accused Edelman’s survey of including “loaded questions” that introduce information — including false information — about the case to the survey takers.
In his order, Judge wrote that several of the questions didn’t violate the nondissemination order because they were based on the probable cause affidavit, which details the police investigation into Kohberger. That affidavit was made public after Kohberger was booked into Latah County Jail.
The questions that were not based on information in court documents became part of the public record when they were discussed during the two April hearings on this matter, Judge said. Therefore, they also don’t violate the nondissemination order, Judge reasoned.
Judge is also trusting the defense to help ensure a fair trial for its client. If the defense believes it is still helpful to ask survey questions that arguably contain prejudicial information and misinformation about Kohberger, then Judge does not have “sufficient information or evidence to second guess that strategic decision by trial counsel,” he wrote.
Judge added that any extrajudicial statements made by attorneys and others involved in the case must continue to comply with the nondissemination order.
Judge also ordered a June 27 court hearing to discuss changing the venue for Kohberger’s trial.
Kohberger faces four counts of first-degree murder and one count of burglary in the November 2022 stabbing deaths of University of Idaho students Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin. He faces the death penalty if convicted.
Kuipers can be reached at akuipers@dnews.com.
