A group of 22 media organizations have asked the Idaho Supreme Court for the repeal of the gag order placed in the Kohberger case.
Judge Megan Marshall ruled on Jan. 4 that law enforcement, investigators, and those representing either the prosecution or defense were prohibited from speaking with the media or the public. The order was then amended on Jan. 18 to include the lawyers representing the families of the victims.
“I’m sure it was well-meaning, but Judge Megan Marshall’s ruling is far too broad,” said Craig Clohessy, the managing editor of the Lewiston Tribune, one of the organizations in the group asking for the removal.
“The idea with the gag order was to prohibit undue speculation from outlets that are not newspapers and the like,” Clohessy said. “(but) We can’t fact check what (information) we have.”
The Attorney for the Goncalves family, Shanon Gray, also filed an appeal against the gag order, calling it “facially overbroad and vague” in the appeal.
The motion is called a writ of mandamus, where those filing the motion as for the upper court to undo an overstep done by a lower court.
According to Wendy Olson, the lawyer representing the coalition, the group filed their petition with the Idaho Supreme Court on Feb. 14. The court’s own legal counsel and Kohberger’s attorneys have until March 3 to file a counterargument. From there, it is up to the Idaho Supreme Court whether or not the case gets a hearing.
Abigail Spencer can be reached at [email protected] or on Twitter @ABairdSpencer
Peggy K. Schunk
The Moscow Law Enforcement team, in conjunction with the FBI, pleasantly suprised the nation with their sheer efficiency in potentially solving a difficult case. While the suspect is innocent until proven guilty, the trial outcome trumps any media need. It may difficult for the press at this point, but just perhaps we can all learn a thing or two about how this all unfolded. The judge has a big job to do with the nation watching and there are four victim families and a University family that need to heal. Authorizing patience might not be a bad option.