Judge weighs challenge to gag order in University of Idaho killings
Legal trends - POSTED: 2023/06/10 17:57
Legal trends - POSTED: 2023/06/10 17:57
A judge overseeing the case against Bryan Kohberger, charged with killing four University of Idaho students last fall, heard arguments Friday over a gag order that largely bars attorneys and other parties in the case from speaking with news reporters.
A coalition of more than 30 media organizations has challenged the order, saying it violates the Constitution’s guarantees of free speech and a free press, as has a lawyer for one of the victim’s families. But prosecutors and the defendant’s lawyers insist it’s needed to prevent prejudicial news coverage that could damage Kohberger’s right to a fair trial.
“It remains appropriate to have an Order reminding lawyers and their agents of the rules of engagement in this country and that we try cases in court, not in the press,” one of Kohberger’s attorneys, Jay Weston Logsdon, wrote in a memo to the court this week.
Second District Judge John C. Judge indicated he would rule later on the gag order and on a separate issue of whether to allow cameras in the courtroom during further proceedings. Kohberger, 28, is charged with four counts of first-degree murder and burglary in connection with the stabbing deaths in Moscow, Idaho, on Nov. 13, 2022. Judge entered not guilty pleas on his behalf last month. Prosecutors have not said if they will seek the death penalty.
The bodies of Madison Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin were found at a rental home across the street from the University of Idaho campus. The slayings shocked the rural Idaho community and neighboring Pullman, Washington, where Kohberger was a graduate student studying criminology at Washington State University.
The case has garnered widespread publicity, and in January Latah County Magistrate Judge Megan Marshall issued a “nondissemination” order barring attorneys, law enforcement agencies and others associated with the case from talking with the press or issuing statements unless they are quoting directly from a court document.