Moscow judge updates gag order in homicide case to include attorneys of victims’ families
The already widespread gag order in the quadruple homicide case against Bryan Kohberger has been updated to prohibit more people from talking about the case.
Latah County Magistrate Judge Megan Marshall amended the nondissemination order, commonly known as a gag order, Thursday to now include attorneys who are representing a witness, victim or victim’s family. The order previously included prosecutors, defense attorneys, investigators and law enforcement personnel.
The initial order was issued on Jan. 3, just before Kohberger was transferred back to Idaho to face four counts of first-degree murder for the deaths of four University of Idaho students: seniors Madison Mogen, 21, of Coeur d’Alene, and Kaylee Goncalves, 21, of Rathdrum; junior Xana Kernodle, 20, of Post Falls; and freshman Ethan Chapin, 20, of Mount Vernon, Washington.
The Moscow Police Department, in a news release when the order was initially released, said they’d “no longer be communicating with the public or the media regarding this case.”
A coalition of at least 22 news organizations from around the region, including the Idaho Statesman, have retained an attorney to challenge the gag order.
Parties are prohibited from publicizing information that would be inadmissible evidence and could risk creating an impartial trial if the information was disclosed, according to the order.
Previously the order just prohibited parties from sharing the following:
- evidence;
- the character, credibility, reputation, or criminal record of an involved party;
- results, performance, or the refusal to participate in any tests or examinations;
- any opinion “as to the merits of the case or the claims or defense of party”;
- and any information that could interfere with a fair trial.
The Latah County Clerk’s Office declined to provide any clarity stating that they can’t “interpret the order.” When asked if there was someone who could interpret the order, a Statesman reporter was told “no.”
Idaho Judicial Branch spokesperson Nate Poppino told the Idaho Statesman by that it’s not unusual for the clerk’s office to decline to comment on an order.
”Judges speak through their order,” Poppino said. “Court staff cannot provide legal advice or interpretation of what those orders mean; we always refer back to the orders themselves.”
This story was originally published January 19, 2023 at 4:21 PM with the headline "Moscow judge updates gag order in homicide case to include attorneys of victims’ families."
