Judge keeps gag order in place in Kohberger case, with alterations

Second District Judge John Judge denied several media outlets’ request to dismiss the broad gag order attached to the criminal trial against Bryan Kohberger, the man accused of killing four University of Idaho students last November.

But Judge did revise the document, first issued by Magistrate Judge Megan Marshall and later amended by her, and acknowledged that the nondissemination order was “overbroad” and “vague” in places.

The most significant revision to the order that’s now in place is that law enforcement personnel are no longer barred from speaking to the media about the quadruple homicide that took the lives of Madison Mogen and Kaylee Goncalves, both 21; and Xana Kernodle and Ethan Chapin, both 20.

The four students were found stabbed to death on Nov. 13 in an off-campus Moscow house on King Road.

“As currently drafted, the Amended Nondissemination Order is arguably overbroad and vague in some areas,” Judge wrote in a 29-page order denying the request from media organizations, including the Idaho Statesman, challenging the gag order. “However, it does serve legitimate purpose, and restricting the speech of attorneys participating in the case is reasonable.”

In the order, Judge addressed the legal principles that allow the court to prohibit involved attorneys from making statements to the press outside of the courtroom, as long as it’s clear what attorneys aren’t able to discuss and that they are provided notice of what is prohibited speech.

In his revised nondissemination order, Judge outlined several particular instances in which attorneys may speak to the media, including information that’s a public record, to request assistance from the public in order to obtain additional information, or evidence or any statements that a “reasonable lawyer” would need to make to protect their client from “the substantial undue prejudicial effect of recent publicity.”

He also clarified what can’t be discussed, including the identity of witnesses, expected testimony of a victim or witness, and any comment on possible plea discussions or defendant statements.

More than two dozen media outlets last month resubmitted a lawsuit asking Judge to strike down the gag order, arguing that it suppressed the media’s First Amendment rights. The lawsuit was initially filed with Idaho’s Supreme Court, but it was rejected after the justices said it didn’t meet the “extraordinary circumstances” that needed to skip the district court level, according to previous Statesman reporting.

In a separate filing, Judge denied a request made by Shanon Gray, an attorney representing the Goncalves family, to allow attorneys for the victims’ families to speak to the media.

“While the speech of the victims’ families is not and will not be restrained by court order, this case is indisputably high-profile and the law requires the case to be tried in court of law and not in the press or the public,” Judge said in the order upholding restraints on attorneys.