MOSCOW, Idaho — The prosecution published an argument describing why it believes the trial of Bryan Kohberger, a man accused of killing four University of Idaho students, should stay in Latah County.
Last month, the defense presented their reasons for moving the trial to Ada County in Boise, Idaho. Among the reasons are a fair and impartial trial cannot be found in Latah County, public interest "does not wain" in the case and the physical space of the Ada County courtroom.
According to court documents filed on Monday, prosecuting attorney William Thompson argued that the defendant has "failed to establish that a fair and impartial trial cannot be held in Latah County."
The court documents also say that data found in a survey of prospective jurors in the area is not adequate to justify a change of venue, as Thompson argues that it is not reported as to how many people declined to take the survey, arguing that it raises concerns about non-response bias.
The prosecution also argues that the court does not have complete survey data, and as a result, can't adequately compare data among the four surveyed counties: Latah County, Ada County, Canyon County and Bannock County.
In relation to the survey, the prosecution further argues that most of the survey "focused on prospective jurors’ knowledge of information already within the court record and admissible at trial."
The prosecution further argues "The Court should decline Defendant’s invitation to disregard long-settled precedent establishing voir dire as the proper procedure for addressing bias."
Thompson argues that the defendant's experts' opinions on the matter are contrary to the law.
Thompson further argues that the court can "fashion remedial measures for jury selection short of changing venue," adding that the best way for Kohberger to get a fair trial is to safeguard the jury selection process.
Thompson then argues that if the court finds that a fair and impartial jury can't be found in Latah County, one can be found closer than Ada County. Thompson further argues that changing the venue would not be convenient for parties and witnesses, and it would not be in the interest of justice.
A change of venue hearing is scheduled for Thursday, August 29.
Kohberger is accused of killing four University of Idaho students, Xana Kernodle, Ethan Chapin, Madison Mogen and Kaylee Goncalves, in November 2022.
A trial date has been set for June 2025.
The prosecution is seeking the death penalty if Kohberger is found guilty of the murders.
