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Legal expert weighs in on timing of the King Road house demolition

Former Attorney General David Leroy said the prosecution and defense can use information gathered from the house to answer potential legal questions.

BOISE, Idaho — On Dec. 28, the Mosocw home where four University of Idaho students were stabbed to death has been demolished and no longer stands. 

Many in the community told KTVB they are viewing the demolition of the King Road House in Moscow as a way of healing, but families of two of the victims have concerns about how the demolition could affect the trail.

The Goncalves and Kernodle families released a statement urging the Latah County Prosecutors and the University of Idaho to stop the demolition of the house. They argued the house is needed for basic evidentiary purposes.

"Well, [the] families are correct that the general rule for crime scenes, [that] have a complicated nature, is that they should be maintained and preserved,” former Attorney General David Leroy said. “Usually through trial and sometimes all the way through appeals, until the appeals are completed."

The Goncalves and Kernodle families fear without the house, key evidence could be lost.

"You never know when some obscure and unique question is going to come up,” Leroy said. “Sometimes actual reference to the crime scene is important."

Former Attorney General David Leroy said this case is unique.

"During the intervening months, they've removed furniture, they've boarded up the windows, they've done all kinds of things significantly alter[ing] the structure," Leroy said. 

Altered to the point where the house isn't the same as it was at the time of the murders. 

In the statement from the families, they list specific reasons the house should stay standing: Vantage points of the surviving roommates? What could they see? If there is audio evidence? What can you hear standing outside the house? What can you hear inside the house?

Leroy said the prosecution and defense can use what they've gathered from the house to answer those questions. 

"Both the prosecution and the defense have had several months to go back into the house, we have 1000s of photographs, we have videos of the structure that will give those lines of sight, the spatial relations, likely acoustics, etc., inside the house,” Leroy said. “In this case, the prosecution is advised that the FBI is prepared to construct a model of the house, whether that's virtual or physical."

Leroy said even if the defense or the prosecution asked the judge to allow a jury to go back and view the inside or outside of the house, it wouldn't be granted because of alterations to the house. He also thinks the university made the right call in demolishing the house. 

"The last thing any of us need is a singular, horrific example, still standing of a crime that we all wish to forget and put behind us," Leroy said.

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