Idaho murders: Prosecutor makes NEW filing as case against Bryan Kohberger builds
This article is based on sources and MEAWW cannot verify this information independently.
MOSCOW, IDAHO: As Bryan Kohberger awaits trial in the quadruple murder case against him, a prosecutor has reportedly submitted new papers in court. The filing was done on Wednesday, February 8, in the Latah County Magistrate court by Prosecuting Attorney Bill Thompson.
However, the exact contents of the affidavit have not been disclosed, Fox News reported. The publication also stated that “Idaho Court Administrative Rule 32, which governs court records, gives the court three days to release non-exempt documents upon request.”
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Kaylee Goncalves' family questions gag order
This comes as a victim's family earlier objected to the court’s gag order. Kaylee Goncalves was murdered along with Ethan Chapin and Xana Kernodle, both 20, and 21-year-old Madison Mogen in their off-campus house on November 13.
Following the December 30 arrest and subsequent charges pressed against the 28-year-old suspect, Latah County Magistrate Judge Megan Marshall issued a directive banning prosecutors, defense, detectives, victims’ families, and their lawyers from sharing information related to the case with the media and the public.
“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," the judge decreed, as reported by Fox News.
But the Goncalves' family attorney, Shanon Gray, appealed the mandate while describing it “facially overbroad and vague”. He reportedly stated, “Properly construed, the Order does not apply to the Victims’ families in this matter. 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,” the appeal noted.
Gray also added, “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).”
Murder weapon still missing
Kohberger is currently imprisoned at the Latah County Jail without bail. He is facing four counts of first-degree murder and a felony burglary charge and is expected to appear in court for a preliminary hearing on June 26. But amid all this, the weapon allegedly used to carry out the crime has not been found yet.
It is believed that he used a knife to murder the four students. However, several experts have asserted that the missing weapon would not weaken the case. “The murder weapon would be nice to have, but not necessary," Joseph Giacalone, adjunct professor at John Jay College of Criminal Justice, told Newsweek.
“For me, the most important evidence was what they found in his apartment and the vehicle. We know they have recovered human hair and an animal hair. If they come back to the victims and/or the dog, that will be a home run for the prosecution. If they have that, I don't care if they never find the knife,” he added.
“The weapon itself would undoubtedly help the prosecution's case, but there is so much evidence already in this case, it's likely not to matter at all,” Ex-federal prosecutor Duncan Levin reportedly remarked. He added that the knife sheath, which was found at the site, “coupled with the overwhelming forensic, cell phone, and video evidence, the missing knife is probably not going to affect things.”