The judge did not set a trial date for Kohberger or make any ruling about a change of venue.
The defense has been calling prospective jurors trying to prove that the community has been so hopelessly biased that they need to move the case.Defense attorney Anne C. Taylor had a sharp accusation of her own, saying the judge violated her client's right to due process by ordering a stop to the anonymous survey without hearing the defense's side first.
The judge granted the prosecution's request and scheduled Thursday's meeting to hear from both sides of the case. "We are not accusing Ms. Taylor of drafting these questions verbatim and then saying, 'Go send these out to the public,'" the prosecutor told the judge. "We are concerned, though, that the people hired by the defense to conduct this survey did exactly that."
- "Have you read, seen or heard that DNA found on the knife sheath was later matched to Bryan Kohberger?" "I don't know if he was aware of that or not," the defense attorney said. "But we gave him no information in the case, your honor. He received nothing from us as far as police reports, no contact with our client, no interviews, he received no information. His entire construct of this survey is - as he does in his high profile cases - he the media local to this area to see what the most common stories were. Those are things that are in the public arena.
The judge defended his actions late Friday afternoon, saying he received the prosecution's request around 4:30 p.m., read over the materials, issued the non-permanent order and promptly scheduled a hearing to discuss with both sides of the case."Now I'm being accused of violating due process, which is a whole big issue for me," the judge said.
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