Motion for Change of Venue

Electronically Filed
1/30/2024 4:22 PM

Second Judicial District, Latah County Julie Fry, Clerk of the Court
By: Tamzen Reeves, Deputy Clerk Anne C. Taylor, Public Defender Kootenai County Public Defender PO Box 9000 Coeur d'Alene, Idaho 83816
Phone: (208) 446-1700; Fax: (208) 446-1701
Bar Number: 5836 iCourt Email: pdfax@kcgov.us Elisa G. Massoth, PLLC Attorney at Law P.O. Box 1003 Payette, Idaho 83661
Phone: 208-642-3797; Fax: 208-642-3799 Assigned Attorney:
Anne C. Taylor, Public Defender, Bar Number: 5836 Jay W. Logsdon, Chief Deputy Public Defender, Bar Number: 8759 Elisa G. Massoth, Attorney at Law, Bar Number: 5647
IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAН

STATE OF IDAHO

CASE NUMBER CR29-22-2805

Plaintiff,
V. MOTION FOR CHANGE OF VENUE

BRYAN C. KOHBERGER,

Defendant.

COMES NOW, Bryan C. Kohberger, by and through his attorneys, and hereby moves this Court for a change of venue. By this Motion, Bryan requests a jury pool from outside Latah County. This Motion is made pursuant to the 5th, 6th, 8th, and 14th Amendments to the U.S.

Constitution; Art. I, §§ 1, 6, 7, 13, and 18 of the Idaho State Constitution; I.C.R., Rules 21 and I.C.

§§19-1801, et seq.

MOTION FOR CHANGE OF VENUE Page 1

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. Enlarging the jury pool will not do anything to overcome that pervasive prejudicial publicity because Latah County does not have a large enough population center to avoid the bias in the community. Further, the size of the community and the interconnectedness of its citizenry is problematic and will prevent a fair and impartial pool of potential jurors.

Mr. Kohberger, by and through his counsel, requests an opportunity to be heard through evidentiary presentation and argument no sooner than the end of April 2024.

DATED this 30 day of January, 2024.

ANNE C. TAYLOR, PUBLIC DEFENDER

ΚΟΟΤΕΝΑI COUNTY PUBLIC DEFENDER

an
BY:

ANNE TAYLOR

PUBLIC DEFENDER

CERTIFICATE OF DELIVERY

I hereby certify that a true and correct copy of the foregoing was personally served as indicated below on the 30 day of January, 2024 addressed to:
Latah County Prosecuting Attorney –via Email: paservice@latahcountyid.gov
Elisa Massoth-via Email: legalassistant@kmrs.net Dul MOTION FOR CHANGE OF VENUE Page 2