Kohberger Gag Order To Be Challenged In Court | #bryankohberger #idaho4 #moscowmurders
Jan 21, 2023, 04:22 PM
A coalition consisting of twenty-two local, regional, and national news organizations has been formed with the intention of requesting that the court in the case against a man accused of killing four students at the University of Idaho reduce the scope of the gag order.
The coalition, in which The Associated Press participates, maintains that allowing the press access to law enforcement officers and other officials involved in high-stakes criminal cases provides the general public with essential background information and a deeper comprehension of how the criminal justice system functions.
In connection with the killings that occurred as a result of stabbings in Moscow, Idaho, Bryan Kohberger, age 28, has been charged with four counts of first-degree murder as well as burglary. The prosecuting attorneys have not said whether or not they intend to seek the death sentence at this time.
According to Josh Hoffner, national news director for The Associated Press, “This order is unnecessarily sweeping and broad and severely impedes the public’s understanding of a significant criminal investigation that profoundly impacted the community,”
As a result of the case's extensive media attention, the Latah County Magistrate Judge Megan Marshall issued a gag order at the beginning of this month, which forbade attorneys, law enforcement agencies, and any other parties concerned with the case from discussing it. On Thursday, she expanded the scope of the gag order, making it illegal for any attorneys representing survivors, witnesses, or family members of victims to speak or write about the case.
“There is a balance between protecting the right to a fair trial for all parties involved and the right to free expression as afforded under both the United States and Idaho Constitution,” Marshall wrote in the amended order. “To preserve the right to a fair trial some curtailment of the dissemination of information in this case is necessary and authorized under the law.”
According to Dan Shelley, president of the Radio Television Digital News Association, there are alternative means to ensure that a trial is conducted fairly. The coalition includes the national association as a member organization.
Courts all around the United States are frequently able, even in the most high-profile cases, to find methods to strike a balance between the rights of defendants and the rights of the public to have access to essential information. Shelley argued that there was no valid reason why the current court couldn't reach the same conclusion.
The Idaho Statesman, BoiseDev, KHQ in Spokane, Washington, and KTVB in Boise, Idaho are some of the news organizations who are members of the media coalition. Other news organizations that are members of the media alliance include The Seattle Times, The New York Times, and BoiseDev. In the following days, the group is planning to oppose the gag order by filing court filings in opposition to it.
As a result of such publicity, judges frequently find themselves in a difficult position as they attempt to uphold the right of the defendant to a fair trial. Courts are occasionally of the opinion that restricting the ability of persons engaged in a criminal case to discuss it and thereby controlling the flow of information around the case is an efficient strategy to reduce publicity and help protect the right to a fair trial.
On the other hand, gag orders have the potential to violate the First Amendment rights of both the general public and the individuals concerned in the case. In their capacity as watchdogs, news organizations that cover the courts are responsible for keeping the general public informed about the functioning of the legal system.
Betsy Russell, a member of the media coalition and the president of the Idaho Press Club, stated that having conversations with the officials involved in criminal cases helps journalists understand the nuances of legal arguments and the technical steps of court proceedings. This allows journalists to provide coverage that is both fair and comprehensive.
“We’re not lawyers for the most part, nor are our readers, and those explanations can help make sure that inaccurate information isn’t spread about what’s happening in our halls of justice,” Russell said.
The United States Supreme Court has determined that gag orders do infringe on the public's right to know what is going on in the nation's courtrooms. However, the high court has also stated that certain gag orders are permissible, provided that they are the least restrictive way to ensure a fair trial and that they are narrowly tailored to achieve their purpose.
The initial gag order that Marshall issued on January 3 did not include any stated reasons as to why she felt it was necessary to issue the gag order. It prohibited the parties involved in the criminal case from making any statements outside of court other than directly quoting actual court records that were filed in the case. This included investigators, law enforcement personnel, attorneys, and agents of the prosecuting attorney or defense attorney.
Notably, both the attorneys for the prosecution and the defense had submitted a paper almost two hours earlier stating that they agreed to the establishment of a gag order and desired for it to include police officers and investigators.
Kohberger's defense attorney Anne Taylor and the Latah County Prosecutor Bill Thompson said in their brief that the court “This Court has both a constitutional duty and the inherent authority to ‘minimize the effects of prejudicial pretrial publicity’ and ‘to ensure the efficacious administration of justice,’”
Marshall reinforced the prohibition in the updated gag order that was issued on Thursday. He added any attorneys who represent witnesses, victims, or family members of victims to the list of those who are prohibited from speaking.
The amended order prohibits any statement that is not a direct quote from court documents and calls out a number of types of statements that are specifically prohibited. These types of statements include “any opinion as to the merits of the case or the claims or defense of a party,”
Beginning on the 26th of June, Kohberger will have a preliminary hearing that will last for five days.
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If you have information about the Moscow, Idaho murders:
Tip Line: 208-883-7180
Email: tipline@ci.moscow.id.us
Digital Media: http://fbi.gov/moscowidah
The coalition, in which The Associated Press participates, maintains that allowing the press access to law enforcement officers and other officials involved in high-stakes criminal cases provides the general public with essential background information and a deeper comprehension of how the criminal justice system functions.
In connection with the killings that occurred as a result of stabbings in Moscow, Idaho, Bryan Kohberger, age 28, has been charged with four counts of first-degree murder as well as burglary. The prosecuting attorneys have not said whether or not they intend to seek the death sentence at this time.
According to Josh Hoffner, national news director for The Associated Press, “This order is unnecessarily sweeping and broad and severely impedes the public’s understanding of a significant criminal investigation that profoundly impacted the community,”
As a result of the case's extensive media attention, the Latah County Magistrate Judge Megan Marshall issued a gag order at the beginning of this month, which forbade attorneys, law enforcement agencies, and any other parties concerned with the case from discussing it. On Thursday, she expanded the scope of the gag order, making it illegal for any attorneys representing survivors, witnesses, or family members of victims to speak or write about the case.
“There is a balance between protecting the right to a fair trial for all parties involved and the right to free expression as afforded under both the United States and Idaho Constitution,” Marshall wrote in the amended order. “To preserve the right to a fair trial some curtailment of the dissemination of information in this case is necessary and authorized under the law.”
According to Dan Shelley, president of the Radio Television Digital News Association, there are alternative means to ensure that a trial is conducted fairly. The coalition includes the national association as a member organization.
Courts all around the United States are frequently able, even in the most high-profile cases, to find methods to strike a balance between the rights of defendants and the rights of the public to have access to essential information. Shelley argued that there was no valid reason why the current court couldn't reach the same conclusion.
The Idaho Statesman, BoiseDev, KHQ in Spokane, Washington, and KTVB in Boise, Idaho are some of the news organizations who are members of the media coalition. Other news organizations that are members of the media alliance include The Seattle Times, The New York Times, and BoiseDev. In the following days, the group is planning to oppose the gag order by filing court filings in opposition to it.
As a result of such publicity, judges frequently find themselves in a difficult position as they attempt to uphold the right of the defendant to a fair trial. Courts are occasionally of the opinion that restricting the ability of persons engaged in a criminal case to discuss it and thereby controlling the flow of information around the case is an efficient strategy to reduce publicity and help protect the right to a fair trial.
On the other hand, gag orders have the potential to violate the First Amendment rights of both the general public and the individuals concerned in the case. In their capacity as watchdogs, news organizations that cover the courts are responsible for keeping the general public informed about the functioning of the legal system.
Betsy Russell, a member of the media coalition and the president of the Idaho Press Club, stated that having conversations with the officials involved in criminal cases helps journalists understand the nuances of legal arguments and the technical steps of court proceedings. This allows journalists to provide coverage that is both fair and comprehensive.
“We’re not lawyers for the most part, nor are our readers, and those explanations can help make sure that inaccurate information isn’t spread about what’s happening in our halls of justice,” Russell said.
The United States Supreme Court has determined that gag orders do infringe on the public's right to know what is going on in the nation's courtrooms. However, the high court has also stated that certain gag orders are permissible, provided that they are the least restrictive way to ensure a fair trial and that they are narrowly tailored to achieve their purpose.
The initial gag order that Marshall issued on January 3 did not include any stated reasons as to why she felt it was necessary to issue the gag order. It prohibited the parties involved in the criminal case from making any statements outside of court other than directly quoting actual court records that were filed in the case. This included investigators, law enforcement personnel, attorneys, and agents of the prosecuting attorney or defense attorney.
Notably, both the attorneys for the prosecution and the defense had submitted a paper almost two hours earlier stating that they agreed to the establishment of a gag order and desired for it to include police officers and investigators.
Kohberger's defense attorney Anne Taylor and the Latah County Prosecutor Bill Thompson said in their brief that the court “This Court has both a constitutional duty and the inherent authority to ‘minimize the effects of prejudicial pretrial publicity’ and ‘to ensure the efficacious administration of justice,’”
Marshall reinforced the prohibition in the updated gag order that was issued on Thursday. He added any attorneys who represent witnesses, victims, or family members of victims to the list of those who are prohibited from speaking.
The amended order prohibits any statement that is not a direct quote from court documents and calls out a number of types of statements that are specifically prohibited. These types of statements include “any opinion as to the merits of the case or the claims or defense of a party,”
Beginning on the 26th of June, Kohberger will have a preliminary hearing that will last for five days.
Follow Tony Brueski on Twitter https://twitter.com/tonybpod
4 Killed For What is a production of True Crime Today; listen & sub to True Crime Today Here: https://availableon.com/truecrimetodayatruecrimepodcast
Join our Facebook Discussion Group:
https://www.facebook.com/groups/834636321133023
If you have information about the Moscow, Idaho murders:
Tip Line: 208-883-7180
Email: tipline@ci.moscow.id.us
Digital Media: http://fbi.gov/moscowidah