Bryan Kohberger Lawyer’s Latest Move May Backfire

A recent move by Bryan Kohberger’s attorney in an attempt to move his trial out of Latah County, Idaho, may backfire.

Earlier this year, Kohberger’s attorney, Anne Taylor, filed a motion to have the quadruple homicide trial moved out of Latah County arguing that they would be unable to find a fair and unbiased jury “due 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.”

Kohberger, 29, has been charged with four counts of first-degree murder and one count of felony burglary in connection with the fatal stabbings of Kaylee Goncalves, 21, Madison Mogen, 21, Xana Kernodle, 20, and Ethan Chapin, 20. The four University of Idaho students were found dead in an off-campus home on November 13, 2022.

Kohberger has maintained his innocence in the case, and Taylor previously conducted a survey of potential jurors which she said determined that the possible jury pool in Latah County “is biased.”

However, the jury questions prompted criticism from Latah County Prosecutor Bill Thompson and Judge John Judge, who is overseeing the case. A gag order has been imposed in the case and both the defense and prosecutor are barred from communicating with potential jurors.

Judge John Judge accused Kohberger’s lawyer, Anne Taylor, of acting “behind my back.”

“This was a total shock to me,” Judge told Taylor. “Because this is a big deal, and I take it very, very seriously. And I was surprised, OK, that this was happening behind our backs—my back.”

Thompson said that the survey questions violated gag orders in the case and possible jurors were “injected” with information, and noted that “This survey cannot stand.”

Newsweek reached out to Taylor via email for comment.

Neama Rahmani, the president of West Coast Trial Lawyers and a former federal prosecutor, told Newsweek that Taylor could be sanctioned by the judge if she is found in violation of the gag order.

“The problem is the defense team asked potential jurors about the evidence against Kohberger. Some of that information may never come into evidence. So now potential jurors are hearing evidence outside the courtroom and evidence that may be inadmissible,” Rahmani said, adding that surveys must be “very specific and solicit jurors’ preconceived views about the case, and not indoctrinate them by discussing the evidence.”

Michael McAuliffe, a former federal prosecutor and and former elected state attorney, told Newsweek that Taylor is likely aware of the possible consequences she could face if found in violation of the gag order.

“A questionnaire as a general tool in criminal cases isn’t rare, but if a question in the surgery includes inaccurate or otherwise unknown facts, and as a consequence, creates potential bias in a jury pool, that’s highly problematic,” McAuliffe said.

“Such a tactic also might preclude the defendant from using the argument that a change of venue of required for a fair trial. A party—including a criminal defendant—can’t create the problem only to then seek a remedy for it.”

McAuliffe explained that an attorney found in violation of a gag order or any other orders issued by the judge could face sanctions such as contempt, but he noted that “the judge is unlikely to impose a sanction that punishes the defendant himself.”