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Bryan Kohberger's defense says 'mob mentality' justifies moving murder trial to Idaho

Defense attorneys for Bryan Kohberger, the man accused of killing four University of Idaho students in 2022, argue that a severe “mob mentality” against him within the community is sufficient justification for moving the trial out of Latah County, new court documents show.

In a brief filed Monday, the defense countered the state's objection to its motion to change venue by presenting a telephone poll conducted by a defense expert that showed Latah County residents were hostile toward Kohberger.

When asked how they would react if Kohberger was not convicted, one said, “There would probably be a riot and he wouldn't last long outside because someone would bring justice to the good old boy.”

Others said they would “burn down the courthouse” and “probably find him and kill him.”

The defense argued that the “often inaccurate and inflammatory” media coverage in Latah County would condition potential jurors to believe Kohberger was guilty. The poll found that people who were more exposed to media coverage were more likely to convict Kohberger as guilty, and Latah County has the most media coverage per capita in the state.

Despite the state's suggestion to move the jury to neighboring Nez Perce County, the defense argued that this would not solve the problem because Nez Perce County residents are subject to the same media coverage as Latah County residents.

Instead, Kohberger's lawyers proposed moving the trial to Ada County, where Idaho's capital city of Boise is located. According to the defense's survey, Ada County residents seemed to have less of an emotional attachment to the case. When asked how they would feel if Kohberger were found not guilty, responses included “They would go on with their lives as before” and “I think they would accept it.”

The defense also rejected the proposed solution of screening the jury, citing precedents that showed that screening alone was not enough to ensure impartiality. Sealing the jury, another proposed solution, would be “unnecessary and untenable.”

“The traumatized city of Moscow is understandably filled with deeply rooted prejudiced notions of guilt,” the defense attorneys concluded their plea.

The two sides will present their arguments to the judge on August 29.

Kohberger, who studied criminology at Washington State University, is charged with four counts of first-degree murder and burglary after prosecutors say he broke into an off-campus home near the University of Idaho and stabbed four students to death. Kohberger was arrested nearly seven weeks later, and a possible motive is still unclear.

The state claims to have linked Kohberger to the murders through DNA evidence, cell phone signals and surveillance video, while the defense has presented an alibi.

The state will seek the death penalty in Kohberger's trial, which is scheduled for June 2025.