Idaho murder suspect Bryan Kohberger fights to keep gag order in place
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Idaho murder suspect Bryan Kohberger has spoken out against an appeal of a judge’s gag order in the case through his lawyer, while the families of the victims have been told they could be ask them to testify as witnesses.
Kohberger has been accused of brutally murdering Kaylee Goncalves, 21, Maddie Mogen, 21, Xana Kernodle, 20, and Ethan Chapin, 20, at their off-campus home on November 13. He faces four counts of first degree murder in his deaths.
The case garnered wide publicity, and in January Latah County Magistrate Judge Megan Marshall issued a sweeping gag order, barring attorneys, law enforcement and others associated with the case from speaking or writing about it. .
In the gag order, Marshall said the speech restriction was necessary to protect Kohberger’s right to a fair trial.
Goncalves’ family attorney, Shanon Gray, filed an appeal of the gag order earlier this week. foxnews reported, calling it “too broad and vague” and unconstitutional, claiming it violated his right to free speech.
Idaho murder suspect Bryan Kohrberger has spoken out against an appeal of a judge’s gag order in the case through his lawyer, while the families of the victims have been told they could be asked to to testify as witnesses.
“As an attorney for one of the victim’s families, I am permitted to convey to the media any of those family members’ opinions, views or statements regarding any part of the case,” Gray said.
Kohberger’s attorney, public defender Anne Taylor, filed an objection to the appeal, saying it does not violate First Amendment rights and is not “seemingly vague.”
‘If Mr. Gray really only intends to express the thoughts and opinions of his clients, then the Court’s earlier waiver has already cured the alleged First Amendment malady: Mr. Gray’s clients can express these thoughts and opinions for themselves, as they clearly have been doing,’ wrote Jay Weston Logsdon, a lawyer in Taylor’s office.
Latah County Attorney Bill Thompson said the families of the victims, particularly those of Goncalves, could take the stand.
“Members of the Goncalves family, represented by Gray, are potential witnesses in this case, including at trial and/or sentencing,” he wrote in an affidavit Wednesday.
Thirty news organizations have asked the Idaho Supreme Court to overturn the gag order in the case.
The coalition of news organizations, which includes The Associated Press, argues that the gag order violates the right to free speech by prohibiting it from happening in the first place.
(L-R) Dylan Mortensen, Kaylee Goncalves, Madison Mogen (on Kaylee’s shoulders), Ethan Chapin, Xana Kernodle and Bethany Funke
Best friends Kaylee Goncalves and Madison Mogen, both 21, were murdered on November 13 along with their roommate Xana Kernodle and her boyfriend Ethan Chapin, both 20.
Xana Kernodle and Ethan Chapin
Pictured: Kaylee’s father Steve could be called as a witness
Kohrberger’s attorney, public defender Anne Taylor (pictured), filed an objection to the appeal, saying it does not violate First Amendment rights and is not “facially vague.”
‘Justice cannot survive behind walls of silence. For that reason, `a responsible press has always been regarded as the servant of effective judicial administration, especially in the criminal arena,” coalition attorney Wendy Olson wrote in the court filing, citing landmark court rulings on prior restrictions on freedom of expression.
Despite the high public interest in the case, there have been no notable leaks of information that could impair Kohberger’s right to a fair trial, Olson said.
Coalition news organizations would have published additional information about the killings had the gag order not existed, he wrote. For example, Pennsylvania police told one reporter they can’t say if they’re reviewing cold cases that could be related to Kohberger because of the gag order, and the mayor of Moscow told another reporter he can’t talk about the healing of the community at large because of the gag
Several journalists have had public records requests denied or not completed because agencies in Idaho and Washington fear they won’t comply with the order.
‘The petitioners are not news; report the news. They can’t report what they can’t collect,” Olson wrote.
Goncalves’ family has spoken, through their lawyers, about appealing the gag order.
Kohberger was arrested Dec. 30 by a SWAT team at his parents’ home in Pennsylvania on their way to search his apartment at Washington State University.
He previously indicated that he believes he will be “exonerated” since his family cannot afford to have him have private representation.
Kohberger, 28, has yet to plead guilty to the murders of Maddie Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin.
Authorities released the probable cause affidavit against Kohberger just before his first hearing in Moscow, Idaho, on January 5.
It reveals how Kohberger turned off his phone the night of the murders in an alleged attempt to cover his tracks before the murder.
Bryan Kohberger, 28, was fired from his job as a teaching assistant due to “behavioral issues” and for having a “sexist attitude towards women.” He was released just days before he allegedly murdered four University of Idaho students on November 13.
In the image: investigators removing one of the mattresses from the crime scene.
Investigators have said they found Kohberger’s DNA at the crime scene.
Kohberger attended Washington State University, just 8 miles from the University of Idaho
It is even alleged that he returned to the scene of the crime at 9 a.m. on November 13, just hours after police believed he committed the quadruple murder.
Documents say the criminal justice attorney stalked the property at least 12 times.
Authorities have not released the exact dates on which they believe he inspected the three-story property, but confirmed that he was detained in August just two minutes after leaving the area covered by the cell phone tower closest to the house.
A Latah County deputy sheriff pulled him over on Aug. 21 at 11:37 p.m. as part of a traffic stop, in which he provided his number.
During the stop, which was recorded on the officer’s body camera, Kohberger was driving his white Hyundai Elantra.
The documents also included details about how Kohberger’s DNA was found on a knife sheath near the bodies of Maddie Mogen and Kaylee Goncalves.
Authorities are still looking for the murder weapon.