Ada County Judge Steven Hippler approved the media coalition’s request to lift a non-dissemination order in a hearing on Thursday, July 17.
In its July 14 response, the state indicated no opposition. The defense objected to the motion, referring to the language of the order and Bryan Kohberger’s safety. “Further release would only serve to gin up the anger and violent rhetoric already at a fever pitch,” they wrote.
This was echoed by Bicka Barlow, one of Kohberger’s attorneys, at the hearing. “Publicity in this case is so extensive and emotions are already so high that adding fuel to the fire of media interviews … would only increase the concerns that the defense has,” she said.
The defense also wrote in their opposition that the original order was intended to “remain in full force and effect until the conclusion of a trial and any sentencing proceedings that may follow unless ordered by this court.”
Attorneys Wendy Olson and Anders Pedersen of Stoel Rives, LLP, represented the coalition of 27 news organizations. In response to the defense’s objection, Olson said, “We don’t think continuing the non-dissemination order helps [the publicity concerns] at all. It simply continues to limit the ability of the members of the press to reach out to the people who know the most about the case.”
Noting that the order’s primary purpose of seating an impartial jury no longer applied after the plea deal, Hippler lifted the restriction.
“Frankly, I don’t think that lifting the non-dissemination order will meaningfully impact those concerns. I mean, the media frenzy, as it has been described, will continue regardless,” Hippler said. “The rights of the public to information in this case are paramount, given the fact that a plea has been entered in this case.”
Lifting the non-dissemination order does not force any who were previously covered by it to speak on the case. In addition, the preservation order, which requires all parties to retain relevant evidence, still stands. Hippler reiterated that “appropriate security measures” would be in place at the sentencing.
Finally, Hippler stated that sealed documents would not be unsealed at this time and denied the media coalition’s request to do so.
The court will begin the process of reviewing the sealed documents after sentencing has concluded. Hippler said that he is unlikely to unseal many of the documents until after both the sentencing and appeals processes are over.
In his final remarks, Hippler mentioned the U.S. Supreme Court case Garza v. Idaho. In the 2019 case, the court ruled that trial counsel cannot refuse to file an appeal, even if the defendant has agreed to waive their right to an appeal.
According to the decision, no appeal waiver can block all appellate claims completely. Simply filing a notice of appeal does not on its own breach the agreement.
If the prosecution chooses to, they can dismiss the waiver and allow the defendant to appeal; also, if the government breaches the agreement — for example, sentences Kohberger to the death penalty — the defendant can regain the right to appeal.
The prosecution has expressed that they will make no public statements on the case until after sentencing has ended.
Kohberger pleaded guilty to the first degree murders of four University of Idaho students on July 2. Xana Kernodle, Ethan Chapin, Madison Mogen and Kaylee Goncalves were murdered Nov. 13, 2022, at 1122 King Rd. in Moscow.
Dakota Steffen can be reached at [email protected].