Kohberger's defense team: “Mob mentality” is reason for postponement of trial

MOSCOW, Idaho – The defense of murder defendant Bryan Kohberger argued that the “mob mentality” within the community is the main reason why the trial should be moved out of Latah County.

According to court documents filed Monday, the defense argues that the pressure to convict Kohberger was so great that if Kohberger were not convicted, poll respondents would have given the following responses:

• “They would burn down the courthouse. Outrage would be a mild description.”
• “They would probably find him and kill him.”
• “There would probably be a riot and he wouldn't last long outside because someone would get justice for the good old boy.” “Angry strong opinions. Firing of officials.”
• “Riots, the parents would take care of him.”

“The mob mentality within the community is precisely why there are legal grounds to move the venue prior to jury selection,” the defense wrote. “Given these reactions from potential jurors in Moscow and the State's recognition that a remedy is needed for jury selection, the State recognizes the obvious: There is an enormous problem with the venue.”

The defense further argues that media coverage in Latah County is the highest in the state and “is not letting up.” The defense also argues that the unrefuted poll data justified a change of venue because the state's claims about the poll were false.

The defense argues that the investigation shows the influence of media coverage. It argues that the “more media coverage a potential juror is aware of, the greater the preconception of his guilt.”

The defense also argues that the state's proposed remedy to expand the jury pool to include Nez Perce County is not a remedy because people in Lewiston and Nez Perce County live in the same designated market area as Latah County. The defense argues that people in that area have been subjected to the same media coverage and further argues that they are “subject to the same pressure to convict that exists in Latah County.”

The defense also argues that inspection and seizure are not effective remedies proposed by the state.

Finally, the defense argues that Idaho precedent supports a change of venue, citing State v. Lori Vallow and State v. Chad Daybell as two cases in which venue was changed.

The defense argues that certain accommodations that the Ada County Courthouse would provide are not possible in Moscow.

“The issue of venue will be definitively resolved with a transfer to Ada County, as the mob mentality of Latah County will never lead to a venue that represents a cross-section of the community,” the defense argues.

Kohberger is accused of killing four University of Idaho students: Madison Mogen, Kaylee Goncalves, Ethan Chapin and Xana Kernodle.

A hearing on the change of venue is scheduled for Thursday, August 29.

The negotiation date was set for June 2025.

The prosecution is demanding the death penalty if Kohberger is found guilty of the murders.