Idaho murders: Internet slams gag order on criminal discovery in Bryan Kohberger case
This article is based on sources and MEAWW cannot verify this information independently.
IDAHO, MOSCOW: There is heated debate on the Internet about whether evidence discovery, particularly in the Idaho murders, should be made public. The discussions are taking place at a time when the media and victims' families are concerned about the gag order imposed on the case.
A gag order was initially produced in this case by Latah County Magistrate Judge Megan Marshall. The order stated that it “prohibits any communication by investigators, law enforcement personnel, attorneys, and agents of the prosecuting attorney or defense attorney concerning this case,” as per Idaho Statesman. The case deals with the killing of four University of Idaho students, Kaylee Goncalves, 21, Madison Mogen, 21, Ethan Chapin, 20, and Xana Kernodle, 20.
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The suspect, Bryan Kohberger, 28 is currently undergoing trials. Due to this order, Moscow police are unable to comment on the update in the investigation. The order also claims, all parties “are prohibited from making extrajudicial statements, written or oral, concerning this case, other than a quotation from or reference to, without comment, the public records.” However, recently an update of the gag order also stated it prohibits "any interested party in the case" from commenting on, including evidence, opinions on “the merits of the case,” and any information likely to be considered inadmissible in court, according to Daily Beast.
What are the concerns about gag order?
Many of the media outlets have filed a petition against the gag order, asking the Latah County District Court and Judge Megan Marshall to lift the ban. Meanwhile, the parents of one of the victims, Goncalves, have filed a case through their attorney Shanon Gray, claiming, the gag order was described as being “facially overboard and vague” and unconstitutional as well. It stated, the gag order was "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," as per Fox News.
'Who's being protected here?'
One of the Reddit forums has been busy discussing on the same. The discussion is titled, "Is criminal discovery a public record in Idaho?." A user stated, "I forget now, what is the judge's reasoning behind these gag orders? Who's being protected here? Ultimately, can what's in the discovery have a worse effect on public opinion than the endless gossip going around?
Also, why was there so little discovery? Prior to the handover, I heard reporters insinuate LE had received over 20,000 tips about the case, and that these tips would be part of the discovery. But there's no way they had 20,000 tips fitting into 900 pages along with autopsy reports, interview transcripts, etc., etc., etc.."
Another added, "Discovery is definitely not public record, though it may include things which are or eventually become part of the public record (eg body cam footage). You’ll have to wait until the preliminary hearing." A user noted, "The defense are the ones who wanted the gag order, probably to keep Chief Fife from further poisoning a jury pool." "Discovery trickles in. Each side always reserves the right to supplement disclosure as new information comes in. It's quite possible part of the state's discovery was something like '20,000 tips were received as part of this investigation. The state intends to fully catalogue each tip, which the state anticipates will take 60-90 days to complete. These tips will be turned over to the defense once the state has been able to fully catalogue said tips," read a comment.
Another wrote, "The only thing the gag order covers is people talking about the case you wouldn’t see any new official documents until they’re shown in court." A user noted, "I thought it was really odd being just under 1,000 pages too. I don't recall the discovery response indicating more to come (like I see in discovery in civil cases). I think they may be trying to withhold a bunch of stuff, saying it's from an informant that won't be testifying at trial but I would think those tips could be exculpatory evidence that is required to be turned over. Everything seems to scream that this guy is being railroaded. I also think the public should know. If LE has a flimsy case, people should remain vigilant because the real killer may still be out there." "I am opposed to this. Americans have the right to see what evidence a government has to hold a person in jail and charge them with crimes. This is like a police state.," wrote another.
This article contains remarks made on the Internet by individual people and organizations. MEAWW cannot confirm them independently and does not support claims or opinions being made online.