Bryan Kohberger: Judge Nixes Attempt to Dismiss Grand Jury Indictment, Will Review DNA Evidence in Private Before Ruling

A request by Bryan Kohberger’s defense team for a change of venue has been granted. His attorneys argued that the strong emotions in the community and extensive media coverage would make it impossible to find an impartial jury in Moscow.

The defense also claimed that if Kohberger were acquitted in the town where the murder took place, he could face lynching and riots might erupt. Prosecutors countered, saying any potential bias could be addressed by expanding the pool of potential jurors and carefully vetting them.

However, Judge John Judge ruled in favor of the defense, citing concerns about Kohberger’s ability to receive a fair trial in the Latah County courthouse in Moscow.

He referenced the widespread media coverage and statements from public officials implying Kohberger’s guilt. Additionally, the judge noted practical concerns: the courthouse is too small to accommodate the case, and the county sheriff’s office lacks the personnel to provide adequate security. The judge did not specify where the trial would be moved.

The Idaho Supreme Court will decide where Kohberger’s trial will be held. According to Idaho court rules, judges who approve venue changes can indicate if they wish to remain on the case, but Judge John Judge did not do so, instead granting the motion under a rule that requires a new judge to be assigned.

It remains unclear when the Idaho Supreme Court will assign a new venue or judge, or whether these changes will delay the trial.

Joining Nancy Grace today:

Stephanie Pitcher  – Defense Attorney and Civil Trial Attorney with Parker & McConkiell; Former Felony Prosecutor
Dr. Bethany Marshall – Psychoanalyst (Beverly Hills); X: @DrBethanyLive/ Instagram & TikTok: drbethanymarshall; Appearing in “Paris in Love” on Peacock; BOOK: “Deal Breaker: When to work on a relationship and when to walk away”
Chris McDonough  – Director at the Cold Case Foundation, Former Homicide Detective; Host of YouTube channel: “The Interview Room”
Joe Scott Morgan
JoScott Morgan – Professor of Forensics: Jacksonville State University, Author, “Blood Beneath My Feet,” and Host: “Body Bags with Joseph Scott Morgan;” X: @JoScottForensic

Additional Guest

  • Howard Blum – Author: “When The Night Comes Falling, A Requiem for The Idaho Student Murders;” Instagram: howard_blum_author /X: howardblum

“Crime Stories with Nancy Grace” on Fox Nation is also a national radio show on SiriusXM channel 111, airing for two hours daily starting at 12 p.m. EST. You can also subscribe and download the daily podcasts at iHeart Podcasts.

[Feature Photo: Bryan Kohberger listens to arguments during a hearing in Moscow, Idaho, on Thursday, Oct. 26, 2023. A judge has declined to dismiss a grand jury indictment against Kohberger, accused of fatally stabbing four University of Idaho students. He is charged with four counts of murder in connection with the deaths at a rental house near the campus in Moscow, Idaho, last November. (Kai Eiselein/New York Post via AP, Pool)]

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