MOSCOW, Idaho — The family of Kaylee Goncalves, who was one of the four victims murdered in the University of Idaho off-campus house last November, was in court today as Judge John Judge reviewed their motion to contest the gag order in the case.
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A nondissemination order was put in place in early January 2023, after police named Bryan Kohberger as the suspect in the case and took him into custody.
The Goncalves family has submitted a motion to reverse the non-dissemination order stating that it is placing an undue burden on the families of the victims in this case.
Attorney Shanon Gray, representing the Goncalves family, immediately started arguing with the Judge stating that the order was too broad, going so far as to say he didn't think the Judge had the authority to better define what could and could not be said.
The prosecution, led by Bill Thompson, stated that Gray is preventing investigators from interviewing his clients and making misrepresentations. Thompson also submits that the gag order is not overly vague, as the Goncalves family are potential witnesses for trial and sentencing in the case.
The defense says no matter what someone says or does, it'll be an attack on Kohberger. Citing the need for his safety, and that people talking about the case could cause a frenzy leading Kohberger to a firing squad.
After hearing from all parties, the Judge announced that he will not make a decision today, that he will review the briefings, and get a decision out shortly.
The gag order essentially prohibits attorneys, prosecutors, law enforcement, and others from discussing anything with the media or the public about the trial or investigation that is not part of the public record. The intention of this order is to prevent prejudice due to pre-trial publicity.
Secondarily, the non-dissemination order curbs the ability for either party to try the case in the press, creating a public opinion or mood, that would impact the right of due process.
Additionally, over 30 news organizations have joined to request that the gag order be lifted.
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Later today, an additional hearing to determine whether or not cameras will be allowed in the courtroom will be heard by Judge Judge.
