District Judge Steven Hippler, who is presiding over the Bryan Kohberger case, will consider a request from various media organizations to vacate a gag order at a hearing on Thursday.
A motion to vacate a non-dissemination order in the case was filed on July 3 by attorneys representing 24 media organizations.
Why It Matters
The court issued a non-dissemination order in the case in January 2023. The order has since been amended, but it remains in effect.
The order prohibits prosecutors and defense attorneys from making statements that “will have substantial likelihood of materially prejudicing or otherwise influencing the outcome of the case.”
What To Know
Kohberger, 30, pleaded guilty to four counts of first-degree murder and one count of burglary on July 2 after the prosecution and defense reached a plea agreement. The deal spares Kohberger from the death penalty in exchange for four life sentences and a maximum 10-year sentence for the burglary charge.
Kohberger was charged in connection with the fatal stabbing of University of Idaho students Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin at an off-campus residence in Moscow, Idaho, in November 2022.
The former criminology Ph.D. student at Washington State University was arrested in December 2022 at his parents’ home in Pennsylvania.
When charged, Kohberger stood silent when asked to enter pleas in 2023, prompting a judge to enter not-guilty pleas on his behalf.
Kohberger’s plea deal has divided victims’ families, with some angry that he’ll never face his day in court, and others relieved he is locked up for life, unable to commit any future crimes.
Kohberger will be formally sentenced on July 23 as the case was set to go to trial in August after years of back-and-forth. The prosecution asked the judge to keep the non-dissemination order in effect until the sentencing. The defense did not object, and Hippler granted the request.
Two dozen media outlets, including ABC News, the Associated Press, CNN, Fox News and The New York Times, have requested that the gag order be vacated.
Attorneys for the media organizations said in a memorandum that the non-dissemination order was issued to preserve Kohberger’s right to a fair trial, but the “change of plea and the terms of his plea agreement have rendered that justification moot.”
“The Nondissemination Order is now plainly overbroad and therefore runs afoul of the First Amendment,” Wendy J. Olson, Cory M. Carone and Anders Pedersen wrote. “Accordingly, the Media Coalition respectfully requests that this Court vacate the Nondissemination Order immediately.”
What People Are Saying
Wendy J. Olson, Cory M. Carone and Anders Pedersen, attorneys for media organizations, in a memorandum: “Now that there is no need to preserve Mr. Kohberger’s Sixth Amendment right to a fair trial, the infringement on the Media Coalition’s First Amendment rights cannot be justified.”
Latah County Prosecuting Attorney Bill Thompson, at Kohberger’s change of plea hearing in response to possibly lifting the gag order: “I think that, given the history of this case, it would be best if that remain in place through sentencing, so we have time to make sure there’s the ability to completely answer questions. That would be the state’s preference.”
What Happens Next?
The hearing on the motion to vacate the non-dissemination order is scheduled for Thursday at 10:30 a.m.
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