Kohberger's defense has been trying to gauge any bias in prospective jurors.
Bryan Kohberger is escorted into a courtroom for a hearing in Latah County District Court, Sept. 13, 2023, in Moscow, Idaho.Kohberger's lawyers had hired a consultant to conduct community phone polling ahead of his upcoming capital murder trial in order to gauge the attitude and potential bias of people who could one day decide his fate.
Judge had put the so-called non-dissemination order in place to preserve Kohberger’s right to a fair trial in the high-profile case. Kohberger's lead attorney, Anne Taylor, argued their poll questions were based on information obtained in the "public record," and discussed in the media – and, moreover, the fact that some of the information was untrue was part of the point since, Taylor said, the rumor mill can influence opinion as effectively as fact, and gauging bias is exactly their aim determining whether a local jury pool could be fair and impartial.
The remaining two questions, which asked about certain "media items," were "read into the public record and discussed at length" during the recent hearings litigating the survey, "including the fact that these 'media items' may not be true," the judge said.
"Question. Have you read, seen or heard if Bryan Kohberger was arrested at his parents' home in Pennsylvania?" Thompson read during an April 4 hearing."Question: Have you read, seen or heard if police found a knife sheath on the bed next to one of the victims?" "Have you seen -- read seen or heard – if the cell phone tower data showed that Bryan Kohberger made several trips near the victims' home in the month before the killing?"
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