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“The traumatized town of Moscow is understandably filled with deeply held prejudgment opinions of guilt,” the defense wrote.
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•“There would likely be a riot and he wouldn’t last long outside because someone would do the good ole’ boy justice.”
Defense witness Amani El-Alayli, a social psychology professor at Eastern Washington University, told the court that finding potential jurors in Latah County not tainted by media coverage of the case would be virtually impossible.
“I think it would be so hard to be a member of that community and be able to come in and be objective – arguably impossible. We don’t have a known method for undoing things,” El-Alayi said.
El-Alayli said jurors exposed to pretrial publicity are more likely to convict because they superficially process the media coverage, including fear-inducing headlines.
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“Do you mean that when we walk into trial in the room full of potential jurors, there’s going to be a great majority of them that before we sit down, are going to have a feeling of bias against Mr. Kohberger?” defense attorney Anne Taylor asked.
“Yeah, I do. And we’ve seen the pictures, these ominous headlines. That connection can’t help but be made,” El-Alayi said.
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“You may have heard the phrase ‘this story has legs’ – a story that is extreme, unique, atypical has greater legs than say, high school football scores you hear on the 10 o’clock news on a Friday night,” he said. “This type of story will remain on the mind and be of interest up to and beyond the conclusion of this case.”
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Under questioning by prosecutor Ashley Jennings, who referred to charts from his research, Murphy acknowledged Ada County at times had more coverage of the case than Latah County.
“So for the first six months on this chart of volume of media coverage over time for Latah and Ada County, Ada County had more intense media coverage in January, February, March, April, May, and then June,” she said.
“So it’s fair to say for that first six months, Ada County did have, at times, fairly significantly more media coverage from Latah County?”
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Latah County’s media coverage of the case is the highest in the state and the coverage “is often inaccurate and inflammatory,” the defense’s filing stated.
His attorneys said the survey found the more media accounts a potential juror knew of, the higher the prejudgment for guilt.
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“I don’t think we need to advertise all these, honestly. We’ve been trying to protect from this kind of stuff,” the judge said.
“I’m aware of it. I don’t look at it, I don’t read it. We know it’s there,” he added, referring to the posts.
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Edelman surveyed 400 residents in Latah County about their knowledge and prejudicial opinions of the case. Truescope, a media monitoring company, also looked at media coverage available to residents in Moscow and Boise but could not determine the amount of untraceable media reaching Idaho citizens in those cities from YouTube, TikTok, Facebook, or podcasts.
Investing in IT Sector Elite Stock Group ✌️【Long-Term Investment】✌️ Accurate real-time market data and expert stock predictions for profitable investment opportunities in global markets. The filing noted while respondents in Latah County said there would be outrage from the community if Kohberger was not convicted, respondents in Ada County said community members would “go on with life as always” and “take it well.”
During his testimony, Edelman said Ada County was selected for the survey because it’s the largest county in the state, with a population size of 406,068 people over the age of 18 while Latah County has 32,515 of the same demographic.
“We know in large counties, it’s less of a big deal when a case moves there. It doesn’t become the biggest story in that community,” he said.
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Prosecutors, on the other hand, have argued a fair and impartial trial can be held in Moscow, and intense media coverage of the case extends beyond Latah County. They criticized the survey findings, arguing they show “Latah County residents who have heard about the case were, overall, statistically less likely to prejudge the Defendant.”
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Edelman also described the jury selection process for identifying those who have “case-specific” attitudes and knowledge about a case after learning details in the media rather than in court, with rules of evidence being applied, cross examination and experts offering counter opinions.
“When I hear it as evidence, it’s just confirming what I already know. It’s not new, I’m not processing it for the first time,” he continued. “So that’s one of the big problems – you need to identify the people who have that content and information.”
One of the biggest challenges in high-profile cases is figuring out what potential jurors know already.
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“We know there’s a high level of recognition in the community, but when you ask in jury selection what you’ve read, seen or heard about the case, very few people mention it,” he said.
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“People here have demonstrated they would experience fear, stress, panic in this community. There’s significant rumors and misinformation that have been spread and people have been exposed to in this community. There’s a feeling of pressure to convict,” he said.
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Kohberger, then a graduate student at Washington State University’s Department of Criminal Justice and Criminology, wasarrested at his parents’ home in Monroe County, Pennsylvaniaon December 30, a little over a month after the killings.
Law enforcement zeroed in on Kohberger partially through linking him toa white Hyundai Elantraseen in the immediate area of the killings. His DNA also matched DNA recovered from a tan leather knife sheath found “laying on the bed” of one of the victims, according to court documents.
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