An Idaho judge has denied a request from around two dozen news organizations to lift a gag order into Bryan Kohberger’s quadruple murder case which will go to trial in October.
Kohberger is accused of murdering Maddie Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin in Moscow, Idaho, in November last year.
The 29-page order has however been significantly minimized in response to the organizations’ concerns and was filed in Latah County on Friday, according to Fox News.
In January, Latah County Magistrate Judge Megan Marshall issued the sweeping gag order which spurred 30 news organizations to ask the Idaho Supreme Court to reject it saying it violates First Amendment rights.
District Judge John C. Judge said to preserve the right to a fair trial some information was ‘necessary and authorized under the law’ to be disseminated.
Idaho judge, John C. Judge, has denied a request from around two dozen news organizations to lift a gag order into Bryan Kohberger’s quadruple murder case which will go to trial in October – but has narrowed the scope
Kohberger is accused of murdering Maddie Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin in Moscow, Idaho, in November last year. He is shown in court on Friday
Kohberger is accused of murdering Maddie Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin in Moscow, Idaho, in November last year
He said the original gag order was ‘arguably overbroad and vague in some areas.’ It barred law enforcement officers and others tangentially related to the case from speaking to the press.
Judge said the revised order is ‘narrowly drawn to prohibit only extrajudicial statements that have a ‘substantial likelihood of materially prejudicing’ this case,’ this includes specific examples of what speech is prohibited and what is allowed.
In the non-dissemination order, Judge said: ‘any prosecuting attorneys, defense attorneys, any agents of the prosecuting attorneys and defense attorneys and any attorneys representing witnesses, victims or a victim’s family are prohibited from making extrajudicial statements (written or oral) that the lawyer or agent knows or reasonable should know will have a substantial likelihood of materially prejudicing or otherwise influence the outcome of the case.’
Shanon Gray, who represents the Goncalves family, also had his request to be exempted from the amended order denied.
Gray had asked to be excluded from the order so that he could talk to the press on the family’s behalf.
Judge highlighted that, as an attorney, Gray could have access to confidential information about the case that would be prejudicial if it was released to the public.
Kohberger, 28, is charged with four counts of first-degree murder and burglary in connection with the stabbing deaths in Moscow, Idaho.
The judge noted that he is ‘potentially facing the death penalty if found guilty.
Kohberger’s attorneys asked for an extension before deciding whether or not they will submit an alibi as part of their defense
Last week, attorneys for Kohberger requested more time to decide whether or not they will submit an alibi as part of his defense.
Investigators said they found DNA on a knife sheath left at the scene that is a 99.99 percent match to Kohberger, who was studying criminology at a nearby university at the time of the murders.
In May, Kohberger declined to enter a plea, which prompted the judge to enter one of not guilty on his behalf. His trial in Latah County has now been set for October.
In their latest court filings, his attorneys asked the court for an extension in their decision whether or not to present an alibi.
It is in response to a state law that requires attorneys to submit their intention to provide an alibi before a trial gets underway.
They say the discovery involved in the case has been ‘voluminous’ and ‘still ongoing’, and that they need more time to ‘wade’ through the evidence before finalizing their defense strategy and notifying the court of it.
‘Mr. Kohberger and his defense team continue to both navigate discovery disclosed by the state and investigate the charges against Mr. Kohberger.
‘Compliance with IC. 19-519 is at a minimum premature as wading through the extensive information that makes up the case is incomplete.
‘Compliance may tread into disclosures of protected information. The defense needs time to make this determination and consider evidentiary rules,’ public defender Anne Taylor wrote.
The judge has not yet ruled on whether or not to grant them an extension.
The home in Moscow, Idaho, where the four students were killed in November. Police say DNA at the crime scene was a 99 percent match to Kohberger
At his most recent hearing, Kohberger’s attorneys also argued against lifting the gag order – which prevents attorneys from speaking about the case publicly.
The family of one of the victims, Kaylee Goncalves, said it restricts them too.
Kohberger’s team argued that he is being over-analyzed. They said the media would find a way to negatively write about him using a ‘blue toothbrush’ – claiming the attention the case is receiving is ‘grotesque.’
In addition to the DNA found at the scene, police linked Kohberger to the crime through his car.
A white Hyundai Elantra matching the one he drives was filmed in the vicinity of the crime scene in the hours before and after the gruesome, quadruple killings.
One of the victims’ housemates – who came face-to-face with the killer – also told police she recognized Kohberger’s ‘bushy eyebrows.’
While Kohberger is yet to submit a plea or defense, he has always vowed to fight the case.
