![]() The media coalition had initially asked the Idaho Supreme Court to overturn the gag order. For example, officials have cited the gag order in declining to release tapes of 911 calls and public records requests, the filing states. The filing specifically noted several instances of the gag order's impact on journalists. Constitution and the Idaho Constitution demand more." "The Gag Order, which is based on the Parties' stipulation, rests merely on an assumption that press coverage is bad. In a May 1 filing, the coalition, referred to as "Associated Press, et al," said the gag order was too expansive and argued the court did not provide any evidence that media coverage presents a risk to Kohberger's right to a fair trial. ![]() Separately, a coalition of media organizations petitioned the district court to vacate the gag order for other reasons. "What's the point of having a lawyer if a judge can just say your lawyer can't speak?" "He's not voicing his own opinion, he's voicing the family's opinion," Steve Goncalves, Kaylee's father, told CNN on May 23. Gray, the family's attorney, filed a motion challenging it, saying there should not be any restrictions on what he can say on behalf of the Goncalves family. "To preserve the right to a fair trial some curtailment of the dissemination of information in this case is necessary and authorized under the law."įor the Goncalves family, that amended order went too far. "There is a balance between protecting the right to a fair trial for all parties involved and the right to free expression as afforded under both the United States and Idaho Constitution," the amended order explained. READ MORE | Investigators probe Bryan Kohberger's social media in connection with Idaho college murders The amended order stated the restrictions applied not just to the prosecution and defense but to "any attorney representing a witness, victim, or victim's family." Further, the order prohibited any statements on the character or criminal record of "a party, victim, or witness, or the identity of a witness, or the expected testimony of a party, victim, or witness." The order specifically forbade commentary on evidence of occurrences or transactions, the character or criminal record of a party, opinions about the merits of the case and "the existence or contents of any confession, admission, or statement given by the defendant."Īn amended nondissemination order issued on January 18 then expanded the gag order. The January 3 order states that "investigators, law enforcement personnel, attorneys, and agents of the prosecuting attorney or defense attorney, are prohibited from making extrajudicial statements, written or oral, concerning this case, other than quotation from or reference to, without comment, the public records of the case," Magistrate Judge Megan Marshall wrote. The arrest warrant and criminal affidavit for Kohberger were issued on December 29, 2022, and within a week the prosecution and defense jointly agreed to a gag order. They can also move the trial to another venue, create a jury questionnaire or sequester the jury during the trial.īut when does restricting speech in a case with such high public interest go too far? What are the limits? What the gag order says The gag order is just one of a number of strategies judges can take to eliminate jury bias. Gag orders are a common occurrence in high-profile cases, such as the man accused of carrying out January's mass shooting in Half Moon Bay, California, or the involuntary manslaughter trial of the parents of Oxford High School shooter Ethan Crumbley. Yet due to a wide-ranging gag order, prosecutors, defense lawyers, and attorneys for victims' families and witnesses are prohibited from saying anything publicly, aside from what is already in the public record, CNN reported. The brutality of the killings and the lack of clarity on his connections to the group of friends have made it one of the highest profile cases in US news. A not guilty plea has been entered on his behalf, and the trial is set for October. Two separate hearings were held Friday in the criminal case against Bryan Kohberger, the criminology graduate student at Washington State University accused of fatally stabbing four University of Idaho students in their off-campus home. MOSCOW, Idaho - A coalition of media organizations and the family of a murder victim came to an Idaho court on Friday with the same goal in mind: challenging a gag order. The family of Univeristy of Idaho murders victim Kaylee Goncalves is fighting a gag order in the case.
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