SPOKANE, WA – A coalition of news agencies, including 4 News Now, have asked the Idaho Supreme Court to step in over a gag order in the case against Bryan Kohberger, the 28-year-old Pennsylvania man accused of murdering four University of Idaho students in mid-November. The former Washington State University student is charged with four counts of First-Degree Murder for the alleged murders of Ethan Chapin, Xana Kernodle, Kaylee Goncalves, and Madison Mogen. They were stabbed to death in the early morning hours of November 13th at a home near the Moscow campus.
According to KXLY, the judge in the case imposed a non-dissemination order, preventing parties in the case and even those more loosely connected from making any statements outside of the courtroom.
Kaylee Goncalves’ family filed a motion last week, saying the order violates their First Amendment rights and they should be able to speak about the case.
Their attorney argues that the order is too broad and is unconstitutional. It even prevents attorneys from representing victims’ family members, despite the fact they’re not given any direct access to evidence from either the prosecution or the defense. (SEE COURT DOCUMENTS BELOW)
The news organizations filing with the Idaho Supreme Court Monday argue much of the same.
4 News Now/KXLY joins the Associated Press, the New York Times, the Washington Post, the Radio Television Digital News Associations, and others in arguing for the Court to vacate the order.
Every Spokane television station is represented in the argument, along with the Spokesman-Review.
Wendi J. Olson represents the coalition.
In the filing, Olson says “Although the District Court is correct that there is a balance between the right to a fair trial and the right to free speech, the District Court made no factual findings to support its conclusion that a gag order was necessary in this case.”
“When balancing the right to speech with the right to a fair trial, the Court’s aim should be to recognize each right as much as possible,” the filing states. “Only when speech necessarily infringes the right to a fair trial is there a justification for curtailing the speech.”
Olson cites several occasions where journalists tried to get interviews with victims’ family members or with law enforcement, but were denied because of the order.
It also cites a court filing that references KXLY, The New York Times, and the Washington Post and recent requests for copies of the 911 recording. In that instance, Whitcom 911 says it wants a judge to make clear if the recording, which is a public record, can’t be released because of the gag order.
Photo courtesy of KXLY.
Petition-for-Writ-of-Mandamus-or-Writ-of-Prohibition-1
Brief-in-Support-of-Petition-for-Writ-of-Mandamus-or-Writ-of-Prohibition
