Media outlets want gag order dropped in Idaho murder case, calling it ‘moot’

BOISE (Idaho Statesman) — The judge in the high-profile murder case involving four University of Idaho students will review whether to uphold a broad gag order preventing law enforcement, attorneys and other officials from speaking publicly about the proceedings, which took a surprise turn last week when the suspect accepted a plea deal.

Ada County Judge Steven Hippler declined to rescind the order, formally known as a non-dissemination order, during suspect Bryan Kohberger’s change-of-plea hearing on July 3. That same day, two dozen media outlets and organizations — including the Idaho Statesman and EastIdahoNews.com — filed a motion requesting a hearing on the order. Other outlets include the Moscow-Pullman Daily News and the University of Idaho’s student newspaper, the Argonaut, as well as national outlets including The New York Times, CNN and ABC.

Hippler is set to hear oral arguments on Thursday, July 17.

The judge said during the plea hearing that he planned to keep the order in place until Kohberger’s July 23 sentencing hearing to allow the prosecution and defense time to prepare for “what I’m sure will be the deluge of media requests” about the case.

Attorneys representing the media argued in court filings that the gag order, which was initially instated to ensure that Kohberger received a fair trial amid national media interest, has been rendered “moot” since the 30-year-old pleaded guilty to all five counts in the case: four counts of first-degree murder for the stabbing deaths of Madison Mogen, Kaylee Goncalves, Ethan Chapin and Xana Kernodle, and one felony charge for burglary.

In exchange, the death penalty was taken off the table, and Kohberger agreed to waive his right to appeal four life sentences.

“There is no possible set of circumstances under which Mr. Kohberger will ever face a jury to determine his guilt or to determine whether the death penalty should be imposed,” according to the media group’s court documents. “No trial will occur. Thus, there is no need to preserve Mr. Kohberger’s ‘right to a fair trial’ because he has already admitted guilt.”

The media outlets’ attorneys also claimed that the prosecution’s justification for keeping the gag order in place “is not a legitimate government interest.”

During the July 3 plea hearing, Latah County prosecutor Bill Thompson told Hippler that the state would recommend upholding the order to ensure officials were able to “completely answer questions.”

Many media outlets have pushed back on the order since it was put in place in January 2023 by Magistrate Judge Megan Marshall, who was handling the case at the time in Latah County. Second District Judge John Judge later denied requests to drop the order.