Gag Order In Bryan Kohberger Case Violates Free Speech, News Outlets Claims

BOISE, ID — More than two dozen news organizations are petitioning the Idaho Supreme Court to remove a sweeping gag order in the case against Bryan Kohberger, the man accused of killing four University of Idaho students in November, according to multiple reports.

The petition filed Monday by 30 news organizations asks the court to order the Latah County District Court and Judge Megan Marshall to vacate a nondissemination order issued last month, the Idaho Statesman reported. The order prohibits any communication by investigators, law enforcement personnel and attorneys concerning the case.

The petition comes a few days after an attorney for the family of one of the victims filed an opposition to the gag order in state court, claiming it's overly broad and places an undue burden on the families, NBC Philadelphia reported.

Kohberger, 28, was arrested on Dec. 30 at his family's home in eastern Pennsylvania. His arrest came nearly seven weeks after four students — Ethan Chapin, 20, of Conway, Washington; Madison Mogen, 21, of Coeur d'Alene, Idaho; Xana Kernodle, 20, of Avondale, Arizona; and Kaylee Goncalves, 21, of Rathdrum, Idaho — were found slain in their Moscow, Idaho, home.

Autopsies showed all four students were likely asleep when they were attacked on Nov. 13. Some had defensive wounds, and each was stabbed multiple times.

Kohberger, a 28-year-old doctoral student at Washington State University, was flown by Pennsylvania State Police to the Idaho border, where he was handed over to local authorities.

The probable cause affidavit detailing the factual basis for Kohberger's arrest remained sealed until Kohberger physically arrived in Latah County. According to court documents, Kohberger's DNA was found on a leather knife sheath at the victims' home. The DNA collected also matched DNA found in the trash at Kohberger's family home in Pennsylvania.

Kohberger is charged with four counts of first-degree murder and burglary. He has not yet entered a plea and is waiting to learn whether prosecutors in the high-profile case will pursue the death penalty.

Kohberger's preliminary hearing is scheduled for June 26 at 9 a.m.

Judge Megan Marshall initially prohibited law enforcement and attorneys from sharing any information about the case with the public unless directly citing official public records in the case, the Statesman reported. The order was expanded to include attorneys for witnesses, victims and their families.

The petition, filed by Boise attorney Wendy Olson on behalf of the news organizations, claims the gag order violates the right to free speech.

"Justice cannot survive behind walls of silence. For that reason, a responsible press has always been regarded as the handmaiden of effective judicial administration, especially in the criminal field,'" coalition attorney Wendy Olson wrote in the court filing obtained by NBC Philadelphia.

Petitioners include several Boise-based outlets, including the Idaho Statesman, Idaho Capital Sun, TV news stations KTVB and KIVI, and Boise State Public Radio. It also includes national outlets such as The Associated Press, The New York Times and The Washington Post, according to the Statesman.