‘Can’t restrict freedom of speech’: Kaylee Goncalves’ family attorney appeals gag order in Idaho murders case against Bryan Kohberger
This article is based on sources and MEAWW cannot verify this information independently
MOSCOW, IDAHO: The latest update in the University of Idaho killings case is that the parents of one of the victims, Kaylee Goncalves, 21, have filed an appeal of a Latah County judge’s gag order in the case against her daughter’s murder suspect, Bryan Kohberger. In the appeal that was filed by their attorney Shanon Gray, the gag order was described as being “facially overboard and vague” and unconstitutional as well. The order was initially issued by Judge Megan Marshall on Tuesday, January 3, shortly after the arrest of Kohberger.
Gray argues in the appeal that the victim’s families are not parties to the case, according to a report by FOX News. "Properly construed, the Order does not apply to the Victims’ families in this matter," Gray stated in a court filing Friday. "The only ‘parties’ to the case are the People and the Defendant. Accordingly, as non-party citizens, the Victims' surviving family members are free to speak to the public and the media under the First Amendment to the Constitution. Simply put, their rights to freedom of speech cannot be restricted through a judicial prior restraint."
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Goncalves' gag order appeal
Gray also stated that since the point of a gag order is to provide the defendant with an impartial jury pool, the point of it is negated after the selection of the jury. "Once the jury has been selected, the non-dissemination order becomes moot and therefore would not be allowed to be in full force for the 'entirety of the case,'" he argued. A request for the court to amend or clarify the matter has been made and Gray has also pointed out his right to be able to speak on the parents' behalf.
"As attorney for one of the Victim’s families, I am allowed to relay to the media any of the opinions, views, or statements of those family members regarding any part of the case (as they are allowed to speak about the case under the First Amendment)," he wrote.
What does the gag order say?
The gag order restricts any comment from prosecutors, the defense, law enforcement, and other officials connected to the case. Soon after, the order was expanded to attorneys of the victims and their families from speaking to the media. "The attorneys for any interested party in this case, including the prosecuting attorney, defense attorney, and any attorney representing a witness, victim, or victim‘s family, as well as the parties to the above entitled action, including but not limited to investigators, law enforcement personal (sic), and agents for the prosecuting attorney or defense attorney, are prohibited from making extra judicial statements (written or oral) concerning this case, except, without additional comment, a quotation from or reference to the official public record of the case," Judge Megan Marshall had stated in the order.
