FIRST ON FOX: A court unsealed new court filings in the University of Idaho student murders case Friday, revealing opposition to an appeal of the judge’s gag order.
Judge Megan Marshall imposed the order on January 3, limiting what prosecutors, the defense and other authorities can tell the media. She then expanded it to apply to attorneys for witnesses, victims, and their families.
“Members of the Goncalves family, represented by Mr. Shanon Gray, are potential witnesses in this case, including at trial and/or sentencing,” Latah County Attorney Bill Thompson wrote in a brief Wednesday. sworn declaration.
The filing comes days after Gray appealed the court’s gag order, calling it “too broad and vague.” and unconstitutional in a court filing last week.
MURDERS IN IDAHO: PROSECUTOR BRYAN KOHBERGER FILES NEW DOCUMENTS IN SECRET PROCEEDINGS
Madison Mogen, top left, smiles over the shoulders of her best friend, Kaylee Goncalves, as they pose with Ethan Chapin, Xana Kernodle and two other housemates in Goncalves’ latest Instagram post, shared the day before the four students were stabbed to death. . (@kayleegoncalves/Instagram)
“As a lawyer for one of the families of the victimI 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 to speak about the case under the First Amendment),” he argued.
READ Anne Taylor’s objection to Shanon Gray’s appeal of the gag order (Mobile Users come here)
Anne Taylor, the Kootenai County public defender who previously represented one of the victim’s parents and is now defending alleged murderer Bryan Kohberger, also filed an objection to Gray’s appeal Thursday, the new documents show.
The defense argued that the order does not violate Gray’s First Amendment rights, is not “facially vague” and notes that the Supreme Court has upheld gag orders on potential witnesses.
“If Mr. Gray really only intends to express the thoughts and opinions of his clients, then the Court’s earlier waiver has already cured the alleged First Amendment weakness: Mr. Gray’s clients can express these thoughts and opinions for themselves, as they clearly have been doing,” wrote Jay Weston Logsdon, a lawyer in Taylor’s office.
In addition, Latah County Assistant Civilian Attorney General Bradley Rudley filed a lengthy memo on the scope of a court’s authority to impose gag orders in a case.
Bryan Kohberger, far left, appears in court on January 12, 2023. He is seated next to defense attorney Anne Taylor. Prosecutor Bill Thompson can be seen in the middle. (POOL)
MURDERS IN IDAHO: ARREST OF BRYAN KOHBERGER REVIVES CASES WITHOUT FLOWING IN HOME TOWN
Kohberger is accused of killing Kaylee Goncalves and three University of Idaho students in the early hours of November 13, 2022, ambushing them with a knife while some were sleeping in a six-bedroom house on King Road, a short walk from campus.
READ District Attorney Bill Thompson’s brief affidavit (mobile device users will here)
The other victims were her boyfriend and girlfriend Ethan Chapin and Xana Kernodle, 20, and Madison Mogen, 21.
Two other roommates were not attacked, including one who told police he saw a masked intruder with “bush eyebrows” coming out the back door.
READ the memo (mobile device users go to here)
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)
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Kohberger had stalked the home at least a dozen times before, according to a probable cause affidavit that revealed most of the publicly known details about the investigation. Then, hours after the murders, he allegedly revisited the scene before setting out on the long drive to Lewis Clark Valley.
Kohberger is being held without bail on four counts of first degree murder and one felony count of robbery. His preliminary hearing is scheduled for June 26.
This is a developing story.
