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No, there was not an unexpected change of judge in the Moscow murders trial

Suspect Bryan Kohberger has appeared before two different judges in Latah County, here's the reason why.

MOSCOW, Idaho — On May 22, murder suspect Bryan Kohberger appeared before Latah County Judge John Judge.

In the courtroom, Kohberger was formally charged with the murders of University of Idaho students Madison Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin. Judge Judge entered not guilty pleas after the suspect chose to stand silent.

This was the first time Judge Judge has been involved, leading to some questions about the change in judge.

THE QUESTION

Was the judge changed unexpectedly on the Moscow murders case?

THE SOURCES

Latah County District Court

Idaho Supreme Court

Prosecuting Attorney’s Office for Blaine County, Idaho

THE ANSWER

This is false.

While there was a judge change in the Kohberger trial, we can VERIFY that No, it was not unexpected. The judge change was simply part of the trial process.

WHAT WE FOUND

In his first court appearance back in January, Kohberger appeared before Judge Megan Marshall. She continued to oversee the case up until the grand jury issued its indictment. That’s when court documents show Judge John Judge took over.

The reason for changing judges is due to the way Idaho courts handle the flow of criminal justice cases.

Before the grand jury indictment, the court was preparing for a preliminary hearing to determine if the case should proceed. As the Blaine County Prosecutor explains on its website, preliminary hearings are held in the lowest local court and without a jury.

In the Moscow murders case this meant the preliminary hearing was assigned to Judge Marshall in the magistrate court. The Idaho Supreme Court explains that magistrate judges hear less serious criminal matters, as well as preliminary hearings.

However, once the indictment came through, the preliminary hearing was no longer needed, and the trial could proceed. At this point, the case was moved to District Court, which Judge John Judge oversees. District Court has jurisdiction over criminal cases and also includes a jury.

So, while there was a judge change, we can VERIFY that it was not unexpected and was part of the trial process.

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