BOISE, Idaho – Now that accused killer Bryan Kohberger has pleaded guilty to killing four University of Idaho students, a media coalition is arguing that the non-dissemination order in the case should be dropped.
Often referred to as a “gag order”, the non-dissemination order has been in place to prohibit anyone directly involved from speaking about the case.
The order was put in place because of the high interest in the murders and the judge’s concern, shared by prosecutors and the defense, that too much information could taint a potential jury pool.
Kohberger was set to go on trial in August for killing Kaylee Goncalves, Madison Mogen, Ethan Chapin and Xana Kernodle.
He instead pleaded guilty to the crimes on July 2nd.
Judge Steven Hippler previously said he would consider dropping the order after Kohberger is sentenced next week.
A media coalition that includes 4 News Now has been arguing about access to information since Kohberger’s arrest.
The coalition includes all Spokane TV stations, the Spokesman-Review, ABC News, The New York Times, the Washington Post, CNN and others.
In a motion filed by the coalition, news organizations say “We do not seek extraordinary access now”, arguing that, now that Kohberger has pleaded guilty, previous concerns are no longer valid.
246 orders to seal information
The judge initially presiding over the case said court documents and statements in court should speak for the case, not individuals outside of court proceedings.
In her declaration supporting the lifting of the non-dissemination order, Rebecca Boone from the Associated Press points out how much of the information in the case has been sealed.
Boone says there have been 456 orders issued by the court in this case since the murders happened in 2022.
More than half – 246 – are orders to seal documents.
Six are orders to unseal.
“There are more sealed records in this case than I can recall in any case I’ve covered for the AP over the last 23 years,” Boone said in her declaration in support of the motion.
“Many of the sealed documents have been kept secret in order to ensure that a fair and impartial jury may be seated, so that the defendant can receive his constitutional right to a fair trial,” Boone wrote. “Now that a jury will not be impaneled, the Court should unseal the documents and honor Idaho’s constitutional promise of open courts.”
Boone also argues on behalf of the media coalition that “a culture of secrecy should not be norm for Idaho.”
Prosecutors are now on the record saying they do not oppose the lifting of the non-dissemination order.
In fact, in a response filed this week, prosecutors said they’ve actually changed their position from Kohberger’s previous hearing.
Prosecutors point out that at the change of plea hearing, they actually requested that the order stay in place until sentencing.
“Upon further reflection, the State withdraws its request,” the statement reads. “Now that the Defendant has pleaded guilty as charged to all five counts of the Indictment, his right to a fair trial on the issue of guilt is no longer at issue.”
The court summary online shows that someone has filed an opposition to lifting the non-dissemination order. That motion is sealed, so it’s not clear who filed it and what the reasons are to support the opposition.
Judge Hippler will consider the arguments at a hearing Thursday in Boise.
It gets underway at 10:30 a.m. Mountain Time and will be streamed on kxly.com and KXLY+.
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