Bryan Kohberger, a suspect in the Idaho murders, has spoken out through his attorney against an appeal of a judge’s gag order in the case, while victims’ families have been informed they may be called to testify.
Kohberger was accused of brutally murdering Kaylee Goncalves, 21, Maddie Mogen, 21, Xana Kernodle, 20, and Ethan Chapin, 20, at their home off campus on November 13.
The case received widespread publicity, and in January Latah County 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 language restriction was necessary to protect Kohberger’s right to a fair trial.
“More speeches does not mean a less fair trial; The speech in question must be of a nature likely to prejudice a jury. And even when the public can inspire prejudice, the answer isn’t always to stifle speech,” Olson wrote. “Other remedies such as passage of time, change of venue, voir dire, jury orders and jury seizure may remove any blemish in the jury without violating the right to speak.”
Bryan Kohrberger, suspect in the Idaho murders, has spoken through his attorney against an appeal against a judge’s gag order in the case, while victims’ families have been informed they may be called to testify
Gocalves family attorney Shanon Gray appealed the gag order earlier this week, Fox News reported.
“As an attorney for one of the victim’s families, I may provide the media with the opinions, views or testimonies of those family members regarding any part of the case,” Gray said.
Kohrberger’s attorney, Public Defender Anne Taylor, objected to the appeal, saying it did not violate First Amendment rights and was not “vague in the face.”
“If Mr. Gray really intends to voice only the thoughts and opinions of his clients, then the court’s earlier exemption has already cured the alleged disease of the First Amendment — Mr. Gray’s clients can voice those thoughts and opinions themselves — as they clearly do.” have done. ‘ wrote Jay Weston Logsdon, an attorney in Taylor’s office.
Latah County Prosecutor Bill Thompson noted that victims’ families, particularly Goncalves, could take a stand.
“The members of the Goncalves family, who are represented by Gray, are potential witnesses in this case, including in court 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, claim the gag order violates the right to free speech by outlawing it outright.
(LR) 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 roommate Xana Kernodle and boyfriend Ethan Chapin, both 20
Xana Kernodle and Ethan Chapin
Pictured: Kaylee’s father Steve could potentially be called as a witness
Kohrberger’s attorney, Public Defender Anne Taylor (pictured), objected to the appeal, saying it did not violate First Amendment rights and was not “vague in the face”.
“Justice cannot survive behind walls of silence. Because of this, “a responsible press has always been seen as a servant to the effective administration of justice, particularly in the criminal arena,” wrote coalition attorney Wendy Olson in the court filings, citing historic court rulings about previous restrictions on free speech.
Despite the high level of public interest in the case, there have been no significant leaks of information that would affect Kohberger’s right to a fair trial, Olson said.
News organizations in the coalition would have released additional information about the killings had the gag order not been in effect, she wrote. For example, Pennsylvania police told a reporter they couldn’t say if they were investigating unsolved cases that could be linked to Kohberger because of the gag order, and the Moscow mayor told another reporter he couldn’t about the general cure speaking of the community because of the gag.
Several journalists have been turned down or left vacant because authorities in Idaho and Washington fear they will violate the order.
“Petitioners don’t make the headlines; they report the news. You can’t report what you can’t collect,” Olson wrote.
Goncalves’ family, through their lawyers, have appealed the gag order loudly
Kohberger was arrested by a SWAT team at his parents’ home in Pennsylvania on December 30 when they were raiding his Washington State University apartment.
He has previously indicated that he believes he will be “exonerated” as his family is unable to pay for private representation for him.
Kohberger, 28, has yet to file a plea in 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 Jan. 5.
It reveals how Kohberger turned off his phone on the night of the murders, allegedly to cover his tracks before the murder.
Bryan Kohberger, 28, was fired from his job as a teaching assistant because of “behavior issues” and a “sexist attitude toward women.” He was released days before the alleged Nov. 13 murder of four University of Idaho students
Pictured: Investigators remove one of the mattresses from the crime scene
Investigators said they found Kohberger’s DNA at the crime scene
Kohberger attended Washington State University, just 8 miles from the University of Idaho
He is even said to have returned to the scene at 9am on November 13 – just hours after police believe he committed the quadruple murders.
The documents state that the criminal justice graduate has haunted the property at least 12 times.
Officials have not released the exact dates they believe he searched the three-story property, but confirmed he was killed just two minutes after exiting the area captured by the cell phone tower closest to the home in August was overcast was stopped.
A Latah County sheriff’s deputy pulled him over at 11:37 p.m. on Aug. 21 as part of a traffic stop — where he gave his number.
During the stop, recorded by the officer’s bodycam, Kohberger was driving his white Hyundai Elantra.
The papers also included details of 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.
Bryan Kohberger Faced Disciplinary Action Before the Quadruple Murders: Timeline
August: Employed as a teaching assistant at Washington State University
September 23: Confrontation with Professor John Snyder at Washington State University
October 3: Had a meeting with Snyder regarding his “professional conduct”
Oct. 21: Kohberger received an email telling him that he “didn’t live up to expectations.”
November 2: Had a meeting with Snyder to discuss an “improvement plan.”
November 13: Kohberger allegedly kills four University of Idaho students
December 7: Had a meeting with a group of professors who called his “sexist attitudes towards women” and “behavioural problems” worrisome
December 9: Had a second altercation with Snyder, who told the criminology student he had “made no progress in terms of professionalism”
December 19: He was officially terminated
December 30: He was arrested at his parents’ home in Pennsylvania