BOISE, Idaho (AP) — The judge overseeing the trial of the man charged in the fatal stabbings of four University of Idaho students has agreed to move it out of the small city where the shocking crimes occurred, citing concerns about finding impartial jurors and whether the courthouse could accommodate the proceedings.
In an order dated Friday, Idaho Second District Judge John C. Judge said extensive media coverage of the case, the spreading of misinformation on social media and statements by public officials suggesting defendant Bryan Kohberger’s guilt made it doubtful he could receive a fair trial in Moscow, a university town of about 26,000 in northern Idaho.
He did not specify where the trial would be moved. Instead, the Idaho Supreme Court will assign the venue — and possibly a new judge as well.
The trial is set for June 2025 and is expected to last three months. Kohberger faces four counts of murder in the deaths of Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves, and prosecutors have said they intend to seek the death penalty if he is in convicted.
“It is undisputed that there has been significant media coverage in this case throughout the State and nationally,” Judge wrote. “While some of the coverage has been neutral reporting of the Court proceedings, much of the coverage has been sensationalized and prejudicial to Kohberger.”
But even if enough impartial jurors could be selected to hear the case, the Latah County courthouse wouldn't be able to handle it, Judge said. It's too small to accommodate the needs of the lawyers and doesn't have enough clerks to oversee the selection of a jury from an expanded pool of some 6,000 residents.
Further, the county doesn't have enough sheriff's deputies to ensure security in a small courthouse where the only way in for sensitive witnesses would be through public hallways and entrances, he said.
Kohberger’s defense team sought the change of venue, saying strong emotions in the close-knit community and constant news coverage would make it impossible to find an impartial jury in the small university town where the killings occurred.
Prosecutors argued that any problems with potential bias could be resolved by simply calling a larger pool of potential jurors and questioning them carefully. They noted the inconvenience of forcing attorneys, witnesses and others to travel to a different city.
In deciding whether to grant such requests, judges must weigh a community’s interest in seeing justice done for crimes in its own back yard with a defendant’s constitutional right to a fair trial.
“Paramount is the concern for the right to a fair trial by jury, by an impartial jury,” said Mary D. Fan, a criminal law professor at the University of Washington.
Often, victims' family members will want to attend every day of a trial as a way to signal support for the victim, or because they want to see for themselves if justice is being done. Prosecutors often consult with survivors and victims' families, and may give their concerns heavy consideration when crafting arguments against moving a trial, Fan said.
“There are a number of potential adverse impacts, depending on where the change of venue occurs. Certainly it may be more of an inconvenience to witnesses, to family members who might want to attend every day of the trial,” said Fan.
It is rare to move trials, but in some high-profile cases, when judges do not believe other precautions will protect a defendant’s rights, they have done so.
Among them: the trials of the Los Angeles police officers accused of beating Rodney King; of Oklahoma City bomber Timothy McVeigh; of the officers who fatally shot Amadou Diallo in New York; and of OJ Simpson.
By contrast, the judge overseeing the trial of former Minneapolis police officer Derek Chauvin in the 2020 murder of George Floyd, which sparked Black Lives Matter protests around the world, refused to move the trial. The judge pointed out that coverage of Floyd’s death had been so thorough that it would have been impossible to find another courthouse in the state with jurors less exposed to pretrial media coverage.
Under Idaho court rules, judges who grant motions to move trials can indicate if they want to remain on the case. Judge did not do so in his order Friday, instead granting the motion under a rule that provides for a new judge to be assigned.
It was not immediately clear when the Idaho Supreme Court might assign a new venue or a new judge, or whether that would force a delay of the trial date.
“Change of venue often may result in a reassignment to a new judge simply because of the fact that the judge currently has cases in their own venue that they have to handle. So going to a totally different jurisdiction can just lead to inconvenience — not just to the parties in one case, but to many cases,” Fan said. “So, oftentimes you do see a change of judge simply for practical purposes.”
Neither prosecutors nor defense attorneys immediately returned messages seeking comment. A strict gag order issued by Judge largely prevents them from discussing the case with reporters.
Kohberger, a former criminal justice student at Washington State University, which is across the state line in Pullman, faces four counts of murder in the deaths of Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves.
The four University of Idaho students were killed sometime in the early morning hours of Nov. 13, 2022, in a rental house near the campus.
Authorities have said that cellphone data or surveillance video shows that Kohberger visited the victims’ neighborhood at least a dozen times before the killings; that he traveled in the region that night, returning to Pullman along a roundabout route; and that his DNA was found at the crime scene.
His lawyers said in a court filing he was merely out for a drive that night, "as he often did to hike and run and/or see the moon and stars.”
Police arrested Kohberger six weeks after the killings at his parents’ home in Pennsylvania, where he was spending winter break.
Johnson reported from Seattle.
FILE - Bryan Kohberger, the man accused of fatally stabbing four University of Idaho students, is escorted into court for a hearing in Latah County District Court, Sept. 13, 2023, in Moscow, Idaho. (AP Photo/Ted S. Warren, Pool, File)
PHILADELPHIA (AP) — Oh, so this was what Atlanta expected out of $180 million lavished on Kirk Cousins.
Certainly not a shaky effort like the 36-year-old veteran had in the opener, raising concerns in the loss about the quarterback's return to form from a torn Achilles tendon.
Cousins down the stretch made all the clutch throws in Philadelphia his counterpart Jalen Hurts could not — and sent the Falcons home winners.
Cousins led a flawless last-minute drive for Atlanta and connected with Drake London for a 7-yard touchdown with 34 seconds left to give the Falcons a 22-21 victory over the Eagles on Monday night.
“He went out and played important in the biggest moments in the biggest times,” Falcons coach Raheem Morris said. “Those are things you want to have happen when you have a chance to go out there and get wins. It was great to see today with Kirk Cousins.”
Saquon Barkley dropped a short pass that stopped the clock with 1:46 left and forced the Eagles to settle for a field goal instead of a game-sealing first down. That was plenty of time for Cousins — especially against an Eagles defense playing soft coverage with a nonexistent pass rush.
Cousins, playing his second game since tearing his Achilles tendon last Oct. 29 while playing for Minnesota, shook off an uneven effort and hit Darnell Mooney for 21 and 26 yards on consecutive plays during the decisive drive.
Cousins found London on a short pass to his right for the tying score, and Younghoe Koo put Atlanta (1-1) on top with a 48-yard extra point after London was flagged for unsportsmanlike conduct. The go-ahead drive took just 65 seconds.
“We saved just enough time for those guys to go down and march down and get that game-winning touchdown,” Morris said.
Hurts had his final pass intercepted by Jessie Bates III to seal Atlanta’s win and set off a wild celebration on the sideline.
The Eagles (1-1) went ahead on Hurts' 1-yard tush push score with 6:47 left. Barkley finished with 95 yards on 22 carries in his home debut for Philadelphia, but his drop provided the Falcons with some hope.
And then Cousins started playing like the QB Atlanta thought it was getting when it signed him to a four-year, $180 million contract.
Cousins finished 20 of 29 for 241 yards and two touchdowns. Atlanta’s first TD was a 41-yarder from Cousins to Mooney, who finished with three catches for 88 yards.
Hurts was 23 of 30 for 183 yards, including a touchdown pass to DeVonta Smith. With No. 1 receiver A.J. Brown out with a hamstring injury, Smith led the Eagles with seven catches for 76 yards and a score.
Jake Elliott kicked two field goals for the Eagles. His 28-yarder with 1:39 left made it 21-15.
Atlanta kept stalling in the red zone, getting three field goals from Koo, before Cousins fired over the middle to Mooney, who shook loose from C.J. Gardner-Johnson and left him on the turf before he somersaulted into the end zone with 1:21 left in the third quarter for a 15-10 lead. Cousins failed on the 2-point conversion pass.
Hurts had some juice in his step during a second-quarter TD drive, running with abandon for big plays much like he did in the 2022 season. He spiked the ball in a rare, raw show of emotion on a 23-yard run, earning a delay-of-game penalty. He shrugged off the 5-yard setback and scrambled for 9 yards and 15 yards to move the Eagles to Atlanta’s 19.
With comedian Shane Gillis and actor Bradley Cooper among the fans cheering on the Eagles, Hurts connected with Smith in the back of the end zone for a 7-yard TD that made it 7-3.
Under new defensive coordinator Vic Fangio, the Eagles have established an early knack for allowing long drives that end with three points instead of seven. Koo kicked field goals of 39, 22 and 34 yards, the last one enough for a 9-7 lead in the third quarter. In their opener, the Eagles held the Packers to just three field goals when they drove inside the 20.
“They made a couple more plays than we did down the stretch. We made some plays; they made more,” Eagles coach Nick Sirianni said. “And that’s on all of us. That starts with coaching and goes to the players. We are all responsible for the loss.”
Rather than take a chip-shot field goal from Elliott, the Eagles’ fourth-and-4 gamble at Atlanta’s 9-yard line in the first quarter failed when Hurts threw an incomplete pass.
Elliott kicked a 29-yarder with 4:31 left in the third quarter for a 10-9 lead.
Bijan Robinson ran for 97 yards for the Falcons. The Eagles stuffed him late on fourth-and-1 at the Atlanta 39.
Barkley was quiet until the go-ahead drive, a week after he rushed for 109 yards and scored three touchdowns against Green Bay. Eagles fans booed when the opening drive of the game ended without Barkley touching the ball. They went wild when he had consecutive 9-yard runs to open the second drive. Barkley had 40 yards rushing in the first half.
Former Eagles QB Nick Foles, who led the franchise to its only Super Bowl title, served as an honorary captain and led the crowd in a rendition of “Fly, Eagles, Fly.”
The Falcons played without LB Nate Landman (calf, quad).
Atlanta hosts Super Bowl champion Kansas City on Sunday.
The Eagles play at New Orleans on Sunday.
AP NFL: https://apnews.com/hub/nfl
Atlanta Falcons wide receiver Drake London reacts to scoring a touchdown during the second half of an NFL football game against the Philadelphia Eagles on Monday, Sept. 16, 2024, in Philadelphia. (AP Photo/Matt Rourke)
Atlanta Falcons safety Jessie Bates III (3) reacts to intercepting a pass during the second half of an NFL football game against the Philadelphia Eagles on Monday, Sept. 16, 2024, in Philadelphia. (AP Photo/Matt Slocum)
Atlanta Falcons wide receiver Drake London (5) celebrates his touchdown with Atlanta Falcons guard Chris Lindstrom (63) during the second half of an NFL football game against the Philadelphia Eagles on Monday, Sept. 16, 2024, in Philadelphia. (AP Photo/Matt Rourke)
Former Philadelphia Eagles' Nick Foles, third from right, walks with Philadelphia Eagles' Brandon Graham, from left, Jordan Mailata and Darius Slay Jr. as they honor Foles' retirement before an NFL football game against the Atlanta Falcons on Monday, Sept. 16, 2024, in Philadelphia. (AP Photo/Matt Rourke)
Philadelphia Eagles running back Saquon Barkley (26) is brought down during the first half of an NFL football game by Atlanta Falcons' Jessie Bates III, left, on Monday, Sept. 16, 2024, in Philadelphia. (AP Photo/Matt Slocum)
Philadelphia Eagles running back Saquon Barkley, left, is tackled by Atlanta Falcons linebacker Kaden Elliss (55) after a catch during the second half of an NFL football game Monday, Sept. 16, 2024, in Philadelphia. (AP Photo/Matt Slocum)
Atlanta Falcons quarterback Kirk Cousins (18) looks to pass during the first half of an NFL football game against the Philadelphia Eagles on Monday, Sept. 16, 2024, in Philadelphia. (AP Photo/Matt Rourke)
Atlanta Falcons quarterback Kirk Cousins is stopped by Philadelphia Eagles defensive end Brandon Graham (55) during the first half of an NFL football game Monday, Sept. 16, 2024, in Philadelphia. (AP Photo/Matt Rourke)
Philadelphia Eagles wide receiver DeVonta Smith celebrates his touchdown during the first half of an NFL football game against the Atlanta Falcons on Monday, Sept. 16, 2024, in Philadelphia. (AP Photo/Matt Slocum)
Philadelphia Eagles quarterback Jalen Hurts (1) looks to pass during the first half of an NFL football game against the Atlanta Falcons on Monday, Sept. 16, 2024, in Philadelphia. (AP Photo/Matt Slocum)
Philadelphia Eagles quarterback Jalen Hurts warms up before an NFL football game against the Atlanta Falcons on Monday, Sept. 16, 2024, in Philadelphia. (AP Photo/Matt Slocum)
Philadelphia Eagles quarterback Jalen Hurts (1) runs past Atlanta Falcons defensive tackle David Onyemata (90) during the first half of an NFL football game Monday, Sept. 16, 2024, in Philadelphia. (AP Photo/Matt Slocum)
Philadelphia Eagles quarterback Jalen Hurts (1) runs past Atlanta Falcons defensive tackle David Onyemata (90) during the first half of an NFL football game Monday, Sept. 16, 2024, in Philadelphia. (AP Photo/Matt Slocum)
Atlanta Falcons quarterback Kirk Cousins (18) throws during the first half of an NFL football game against the Philadelphia Eagles on Monday, Sept. 16, 2024, in Philadelphia. (AP Photo/Matt Slocum)
