Bryan Kohberger’s attorneys scolded by judge for contacting potential jurors ahead of Idaho murders trial

Kohberger’s attorney claimed phone surveys were vital part of efforts to seek a change of venue for the high-profile trial

Bryan Kohberger sits with Anne Taylor, left, one of his attorneys, during a hearing in Latah County District Court, Wednesday, Sept. 13, 2023, in Moscow, Idaho (AP)

An Idaho judge overseeing Bryan Kohberger’s quadruple murder case slammed the suspect’s defence team for contacting potential jurors.

But Kohberger’s defence attorney Anne Taylor argued that the commissioned phone surveys were an important part of her ongoing efforts to seek a change of venue for the trial, given all the local media coverage on the case.

Kohberger, 29, is accused of killing four University of Idaho students in November 2022. He watched from the defence table on Thursday as the hearing became heated at some points.

The dramatic court hearing was held after prosecutors asked Latah County District Court Judge John Judge to issue an order “prohibiting contact with prospective jurors” outside of court, which was granted.

Ms Taylor claimed the judge’s decision to stop their phone surveys violated her client’s right to due process by granting the request without hearing their side first, the Idaho Statesman reported.

Kohberger, 29, is accused of killing four University of Idaho students in November 2022 (AP Photo/Ted S. Warren, Pool, File)

But the judge defended his actions, saying he received the prosecution’s request, issued the non-permanent order and promptly scheduled a hearing to discuss both sides of the case.

“It seemed like there were some real, legitimate concerns about the survey,” Judge told Ms Taylor. “Now I’m being accused of violating due process, which is a whole big issue for me.”

Ms Taylor explained that she believed the defence should have been heard before the order was issued to stop the phone surveys they had commissioned to potential jurors.

“And so we’re stopped from completing our comparative surveys … when we’re up against the deadline to get to our motion to change of venue,” Ms Taylor said.

“This survey was never intended to do anything but identify issues within the county to support or defeat our argument for venue change,” Ms Taylor added. “My issue is that the order was signed stopping our work without a chance to be heard.”

Latah County Prosecutor Bill Thompson said that he had no problem with the defence commissioning “responsible, proper surveys” – but “this survey cannot stand.”

He said the issue is “these particular questions asked in this particular survey.”

Public defender Anne Taylor enters the courtroom for Bryan Kohberger’s arraignment hearing in 2023 (Reuters)

“Just because they’re put in the form of a question doesn’t change the fact that they are affirmative representation of a fact, that if the listener was not aware of it now they have been tainted by it.”

“Your honour … those questions are disseminating, by means of communication, evidence expected to be presented (and) evidence that could be or would be inadmissible at trial,” Mr Thompson told the judge.

He added that some of the questions contain “representations of fact that are not true or that would not be offered at trial.”

“That’s completely reckless,” he shouted. “We have a group of at least 400 people in Latah County who have been exposed to this in violation of the non-dissemination order.”

Mr Thompson was made aware of the phone surveys when a local resident contacted his office with some of the questions they received.

One asked: “Have you read, seen or heard that Bryan Kohberger stalked one of the victims?”

Another asked: “Have you read, seen or heard if police found a knife sheath on the bed next to one of the victims?”

It was followed up with: “Have you read, seen or heard that DNA found on the knife sheath was later matched to Bryan Kohberger?”

Ethan Chapin, 20, Madison Mogen, 21, Xana Kernodle, 20, and Kaylee Goncalves, 21, were killed in November 2022 (Instagram)

“I’m not happy about the specific questions, especially ones that are false and people hear that and they just get an even worse sort of impression of Mr. Kohberger,” Judge said.

“There are also cases or questions that are very specific that are going to be major issues in the trial, and so I’m really worried about that.”

The judge did not make a ruling but set the next court date for Wednesday 10 April.

The judge said he also wants a “hearing at least every month,” noting the importance of “cleaning up” the legal proceedings.

Kohberger, a Ph.D. student at the nearby Washington State University, is charged with four counts of first-degree murder and one count of burglary in the deaths of Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin. The students were found stabbed to death in an off-campus rental house in Moscow on 13 November 2022.

The military-style knife, believed to be the weapon, has never been recovered, however, a knife sheath was found near one of the victims. That sheath contained a piece of DNA which was then matched to Kohberger, according to authorities.

A trial date for Kohberger has still not been set.