Idaho murders: Judge declines to set trial date for Bryan Kohberger

MOSCOW, Idaho - Bryan Kohberger appeared in court on Wednesday, but a judge did not set a trial date or make a decision on a motion by the defense for a change of venue.

Kohberger returned to court as Judge John Judge heard arguments for trial scheduling and the defense's request for a change of venue.

"I'm listening carefully to both sides, and it's a complicated case," Judge said. "It's a death penalty case."

Prosecutors had previously requested a trial date for this June, after the end of the spring semester, but the defense wants more time to prepare.

Judge Judge set a May 14 hearing to address a motion for the change in venue. A trial date will be set after it is determined if the trial will be moved.

"A fair and impartial jury cannot be found in Latah County owing to the extensive, inflammatory pretrial publicity, allegations made about Mr. Kohberger to the public by media that will be inadmissible at his trial, the small size of the community, the salacious nature of the alleged crimes, and the severity of the charges Mr. Kohberger faces," Anne Taylor, Kohberger's lead defense attorney, wrote in a January court filing.

Taylor previously asked the court to delay Kohberger's trial until at least 2025.

MOSCOW, IDAHO - AUGUST 18: Bryan Kohberger enters the courtroom for a hearing on August 18, 2023 in Moscow, Idaho. Kohberger is accused of killing four University of Idaho students in November 2022. (Photo by August Frank-Pool/Getty Images)

Anne Taylor, Bryan Kohberger’s lead public defender, earlier this month asked Judge John Judge of Idaho’s 2nd Judicial District in Latah County to schedule a hearing no earlier than the end of April to hear arguments on the potential move, the Idaho Statesman reported.

"A fair and impartial jury cannot be found in Latah County owing to the extensive, inflammatory pretrial publicity, allegations made about Mr. Kohberger to the public by media that will be inadmissible at his trial, the small size of the community, the salacious nature of the alleged crimes, and the severity of the charges Mr. Kohberger faces," Taylor wrote.

Bryan Kohberger, 29, a former criminal justice student at Washington State University in nearby Pullman, Washington, is charged with four counts of murder in the deaths of Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves at a rental home near the university campus in Moscow, Idaho, last year. Prosecutors intend to seek the death penalty if he is convicted.

A surviving housemate witnessed a masked man walk out the back door after overhearing sounds of a struggle minutes into the attack, but police were not called until around noon the next day.

It was more than six weeks before police captured a suspect. They arrested Kohberger at his parents' house in Pennsylvania's Pocono Mountains after a lengthy investigation that included help from the FBI and police across multiple states.

Latah County Prosecutor Bill Thompson told Judge last week that he opposes a change of venue, stating that Latah County first deserved the chance to seat a jury because the crime occurred there. Moving the trial elsewhere would have no material effect on potential jurors’ familiarity with the case, he said, because it has already gained national and international notoriety.

"It’s not Moscow, it’s not Latah County — it’s everywhere," Thomson said. "So I don’t think that a change of venue is going to solve any of these problems."

Moscow is the seat of Latah County and home to about half of its population of roughly 40,000, not including students at the school.

Much of the case has been conducted behind closed doors, with numerous filings made under seal and a restrictive gag order.

Judge entered not guilty pleas on Kohberger's behalf at his arraignment in May. He could face the death penalty if convicted.

The trial was initially expected to last six weeks, but lawyers now expect it to go on for 12 to 15. Judge has not yet set a start date.

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The Associated Press and FOX News Digital contributed to this report.