Moscow, Idaho – In a recent development in the Idaho quadruple murder case, the presiding judge has granted the defense permission to resume polling potential jurors, despite objections from prosecutors.
**Objections to Jury Survey Questions**
Latah County Prosecuting Attorney Bill Thompson argued that some survey questions violated a restrictive gag order, preventing parties from making extrajudicial statements about facts or rumors not included in the public record. The survey allegedly included questions about media reports based on rumors about the defendant, causing concern among county residents who alerted the authorities.
**Judge’s Ruling on Disputed Questions**
Judge John Judge reviewed the nine disputed questions and found that two had not been part of the public record initially. However, after being read in court, the information entered the public domain. Judge reasoned that there was no longer a benefit to preventing the defense from continuing the survey or eliminating the two contentious questions.
**Defense’s Argument for Venue Change**
The defense team maintained that the survey’s purpose was to support their motion for a change of venue to a county with a larger jury pool, citing Latah County’s small population of around 40,000. They argued that the intense media coverage had tainted the potential jury pool, making it impossible for their client to receive a fair trial.
**Defense Could Have Publicly Addressed Rumors**
Judge Judge reminded both parties that the gag order was not a blanket ban on speaking to the media. The defense could have publicly addressed any damaging rumors about the defendant themselves, using reasonable means to protect their client’s rights.
**Gag Order and Defense Counsel’s Responsibilities**
The nondissemination order allows extrajudicial statements deemed necessary by a lawyer to protect a client from prejudicial publicity. However, such statements must be limited to mitigating the negative effects of adverse media coverage on the defendant’s right to a fair trial.
**Trial Schedule**
Kohberger is scheduled to return to court on June 27 for a hearing on his team’s request for a change of venue. The trial is set to begin in October, but that date could change depending on the results of the change of venue motion.
**Background of the Case**
Bryan Kohberger, a criminology Ph.D. student at Washington State University, faces four counts of first-degree murder and a felony burglary charge for the November 2022 stabbings of four University of Idaho undergraduates: Maddie Mogen, Kaylee Goncalves, Xana Kernodle, and Ethan Chapin. Kohberger faces the potential death penalty if convicted.
Data sourced from: foxnews.com
