An Idaho judge on Thursday criticized a questionnaire sent by murder suspect Bylan Koberger’s defense team to about 400 local residents and potential jurors who might preside over the case.
Judge John’s harsh remarks come as a lawyer for Koberger, who is accused of killing four University of Idaho students in their Moscow home in November 2022, said Lutter County residents were biased against her client. This comes amid requests to have the trial moved to another county. .
Thursday’s hearing began with Latah County Prosecutor Bill Thompson listing some of the specific questions included in a questionnaire the defense distributed to local residents. Among them: “Have you read, seen, or heard about Brian Koberger being arrested at his parents’ home in Pennsylvania?” “Have you read, seen or heard whether police found a knife sheath in the bed next to one of the victims?” “DNA found in the knife sheath was later identified as Brian Koberger. Have you ever read, seen, or heard of a match?”
The judge noted that the defense questionnaire was submitted to 400 people “without the permission of the court” and “without consultation with the state.” Mr Thompson and the judge suggested the investigative questions provided too much detail about the murders for which the gag order was in place.
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Brian Koberger (right), who is accused of killing four University of Idaho students in November 2022, with one of his attorneys, Ann Taylor (left), Wednesday, September 13, 2023. , attended a hearing in the Latah County District Court in Moscow, Idaho. (AP Photo/Ted S. Warren, Pool)
“My Lords, I have no doubt that these questions are disseminating through communications the evidence that is expected to be presented, evidence that may or may not be admissible at trial.” said Mr. Thompson. “I would say that there are many of these expressions that are placed in the form of questions with expressions of fact that are not true.”
He added that the question goes far beyond concerns about public sentiment, which was the purpose of the survey — which Lutter County legislators, if any, will serve on the jury in Koberger’s trial. It added that this was to determine whether the evidence presented could be judged fairly. From both sides.
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Bill Thompson speaks during the hearing for Brian Koberger at the Rutter County Courthouse on Friday, August 18, 2023 in Moscow, Idaho. Koberger is accused of killing four University of Idaho students in November 2022. (August Frank/Lewiston Tribune)
Kootenai County Public Defender Ann Taylor was gathering evidence ahead of the change of venue hearing, during which she planned to argue for the case to be moved to a broader jurisdiction. Taylor’s office hired a social psychologist named Brian Edelman to conduct the poll, but she later admitted that “many” of the questions he developed were “factually incorrect.”
Mr. Edelman, however, denied violating the gag order regarding Mr. Koberger’s case, writing in a signed statement that the questioning “does not include any information that has not been widely reported or is not available in the public domain.” wrote in a statement.
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Judge John Judge speaks during the hearing for Brian Koberger on Friday, August 18, 2023, at the Rutter County Courthouse in Moscow. (August Frank/Lewiston Tribune/Pool)
“It is ironic in some ways that we have worked so hard to protect a fair trial, but our concern from the beginning was that your client, Koberger All the media coverage affected his ability to receive a fair trial,” the judge told the defense on Thursday. “And some of these questions actually raise concerns that it might be incriminating. It could be prejudicial for this client.”
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“It’s kind of ironic that we’ve both worked so hard to protect a fair trial.”
The judge also said he was “surprised” that the defense and prosecution did not work together to decide what information should be released.
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Brian Koberger arrives at Pennsylvania’s Monroe County Courthouse ahead of his much-anticipated extradition hearing. He is charged with killing four University of Idaho students. (Fox News Digital Image Direct)
“That’s really concerning,” he said.
The judge also took issue with defense claims that Koberger’s lawyers violated “due process” by preventing them from continuing to vet potential jurors.
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“I mean, that’s concerning,” the judge said, adding: “This is a serious matter and I take it very seriously.”
Madison Morgen, top left, smiles on the shoulder of her best friend Kaylee Gonsalves and poses with Ethan Chapin, Zana Kernodle and two other housemates, Gonsalves’ last Instagram post. , which was shared the day before four students were stabbed to death. (@kayleegoncalves/Instagram)
Koberger’s attorneys argued that given the high profile of the case and the public attention surrounding it, Koberger’s trial should be moved elsewhere.
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Koberger — Former Doctor of Criminology.student of washington state university He is charged with four counts of murder and robbery for allegedly stabbing 20-year-old Zana Karnodle, 20-year-old Ethan Chapin, 21-year-old Kaylee Gonsalves, and 21-year-old Madison Morgen near Pullman, Washington. has been done. In the early morning hours of November 13, 2022, at the KA-BAR knife.
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Mr. Koberger was arrested in late December 2022. His trial is scheduled for no later than the summer of 2025.The prosecutor is seek the death penalty.
FOX News’ Michael Lewis contributed to this report.
