Lawyer for the family of University of Idaho stabbing victim Kaylee Goncalves has filed an appeal of a Latah County judge’s gag order regarding the case against her alleged killer, Bryan Kohberger.
The order is “facially too broad and vague” and unconstitutional, Goncalves family attorney Shanon Gray wrote in a court filing Friday.
Judge Megan Marshall issued the initial gag order on January 3, shortly after Kohberger’s arrest, restricting comment from prosecutors, defense, law enforcement and other officials.
On January 18, he expanded the scope of his order, restricting lawyers for victims and their families from speaking to the media.
IDAHO MURDERS MODIFIED GAG ORDER NOW SILENCES LAWYERS FOR VICTIMS AND WITNESSES
Goncalves family attorney Shanon Gray leaves the Latah County courthouse with the family on January 5, 2023. It was the first time they had come face to face with the alleged killer of Kaylee Goncalves.
(Fox Digital News)
“The attorneys for any interested party in this case, including the prosecutor, the defense attorney, and any attorney representing a witness, the victim, or the victim’s family, as well as the parties to the aforementioned action, including, Investigators, Law Enforcement (sic) personnel, and Prosecutor’s or Defense Counsel’s agents are prohibited from making extrajudicial statements (written or oral) regarding this case, except, without further comment, a quote or reference to the official public record of the case,” he wrote.
However, the families of the victims are not part of the case, Gray wrote.
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“Properly construed, the Order does not apply to the families of the Victims in this matter,” Gray argued in a court filing Friday. “The only ‘parties’ to the case are the People and the Defendant. Accordingly, as non-partisan citizens, the surviving family members of the Victims are free to speak to the public and the media under the First Amendment to the Constitution. That is simply to say, your rights to freedom of expression cannot be restricted by prior judicial restriction.”
Finally, he argued that the purpose of the gag order is to protect the defendant’s right to a fair trial and an impartial jury.
Latah County Magistrate Judge Megan Marshall speaks during a January 2023 hearing for Bryan Kohberger, inset, the suspect in the stabbing deaths of four students near the University of Idaho.
(Kai Eiselein/Pool)
“Once a jury has been selected, the non-disclosure order becomes moot and therefore would not be allowed to be in full force for the ‘entirety of the case,'” he argued.
He has requested a hearing on the matter and is asking the court to modify or clarify the order.
Furthermore, he argued, as his lawyer, he is also allowed to speak on his behalf.
“As an attorney for one of the Victim’s families, I am permitted to convey to the media any of those family members’ opinions, views, or statements regarding any part of the case (since they are permitted discuss the case under the First Amendment),” he wrote.
SCHEDULE OF STABBLINGS OF UNIVERSITY OF IDAHO STUDENTS
Kaylee Goncalves speaks to local police on August 16 after a noise complaint was issued.
(Moscow Police Department)
BRYAN KOHBERGER SUSPECT MURDERED INSIDE IDAHO UNUSUALLY LONG ROUTE FROM HOME TO PENNSYLVANIA
Edwina Elcox, a Boise-based criminal defense attorney who has handled murder cases in the past and previously represented alleged “Cult Mom” Lori Vallow, told Fox News Digital on Friday that she agrees with the Gray’s position.
“The victims, or the families of the victims, in a criminal case are not parties to the case,” he said. “The Court has absolutely no authority to order non-parties to do or not do anything in these circumstances.”
The victims of the November 13 massacre at the University of Idaho, from left: Kaylee Goncalves, Ethan Chapin, Xana Kernodle and Madison Mogen.
(Instagram @xanakernodle / @maddiemogen / @kayleegoncalves)
Still, there is precedent that allows gag orders if the judge finds they are necessary to ensure a fair trial, according to Neama Rahmani, a Los Angeles-based trial attorney and former federal prosecutor.
“It is an uphill battle for the Goncalves family,” he told Fox News Digital. “The Supreme Court upheld gag orders on witnesses and their lawyers. Victims can testify during the guilty and penalty phases of a death penalty trial.”
The FBI and Pennsylvania police arrested Kohberger at his parents’ home in the Poconos Mountains on December 30.
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Bryan Kohberger appears in court on January 12, 2023.
(POOL)
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He is charged with four counts of first-degree murder in the death of Goncalves and his best friend Maddie Mogen, both 21, along with Xana Kernodle, 20, and her boyfriend Ethan Chapin, also 20. He faces an additional charge of home invasion robbery. .
Marshall has ordered that Kohberger be held without bond in the Latah County Jail.
His preliminary hearing was scheduled for June 26, where his defense attorney is expected to question the evidence against him and question the only eyewitness, a surviving roommate who heard crying and saw a masked man with “bush eyebrows.” leave minutes after the murders. .
