MOSCOW, IDAHO: A judge has denied a request from approximately two dozen news organizations to lift the gag order in the quadruple murder case of Bryan Kohberger, which is set to go to trial in October 2023. Kohberger is accused of murdering the University of Idaho students, Maddie Mogen, Kaylee Goncalves, Xana Kernodle, and Ethan Chapin in November of last year.
The 29-page gag order has been significantly reduced in response to the concerns raised by the organizations, per Fox News. It was filed in Latah County on Friday, June 23. In January, Latah County Magistrate Judge Megan Marshall issued a broad gag order that prompted 30 news organizations to appeal to the Idaho Supreme Court, arguing that it violated their First Amendment rights.
Revised order narrowed in scope
District Judge John C Judge stated that some information needed to be disseminated to preserve the right to a fair trial. He acknowledged that the original gag order was potentially overbroad and vague in some areas. The revised order now specifically prohibits extrajudicial statements that have a "substantial likelihood of materially prejudicing" the case, providing examples of what speech is prohibited and allowed.
The amended order prohibits prosecuting attorneys, defense attorneys, agents of the attorneys, and attorneys representing witnesses, victims, or victims' families from making extrajudicial statements that could prejudice or influence the outcome of the case. Shanon Gray, representing the Goncalves family, had his request to be exempted from the order denied. Judge reasoned that as an attorney, Gray may have access to confidential information that could be prejudicial if released to the public.
Who is Judge John C Judge?
Judge John C Judge has been the Latah County Magistrate since October 2008. Before his appointment, he had a successful 24-year private practice in Moscow with Landeck, Westberg, Judge & Graham. He graduated from the University of Idaho College of Law in 1984 and has been actively involved in speaking to law students and serving in organizations focused on justice administration, ethics, and the rule of law.
He has served as president of the Ray McNichols American Inn of Court and is currently a member of various committees and forums, including the Idaho State-Tribal Court Forum, the Idaho Supreme Court Guardianship/Conservatorship Committee, the Magistrate Standard Forms and Practices Committee, the Child Support Guidelines Committee, and the Second District Magistrate Commission, per the Idaho Judicial Council.
Kohberger's charges and potential penalty
Kohberger, 28, is facing four counts of first-degree murder and burglary in connection with the stabbing deaths in Moscow, Idaho. He potentially faces the death penalty if found guilty. Kohberger's attorneys requested additional time to decide whether to submit an alibi as part of his defense. DNA found on a knife sheath left at the scene matches Kohberger's DNA with a 99.99 percent certainty. Kohberger previously declined to enter a plea, leading the judge to enter a not-guilty plea on his behalf. The trial is scheduled for October.
In their latest court filings, Kohberger's attorneys requested an extension to make a decision on presenting an alibi. They cited the voluminous and ongoing discovery involved in the case and the need for more time to review the evidence before finalizing their defense strategy. The judge has not yet ruled on the extension request.
During the recent hearing, Kohberger's attorneys argued against lifting the gag order, claiming that the media would find ways to negatively portray him, even using trivial details. The family of one of the victims, Kaylee Goncalves, also expressed dissatisfaction with the restrictions imposed by the gag order. On the other hand, Kohberger's defense team argued that he is being excessively scrutinized and criticized the attention the case is receiving, describing it as "grotesque."
