Idaho Judge Steven Hippler vacated the gag order in the Bryan Kohberger quadruple murder case at a hearing Thursday.
Latah County Prosecuting Attorney notified the court in a filing dated Monday that his office would not oppose a motion from a group of media organizations, including FOX News, seeking to have the order lifted in the wake of Kohberger’s guilty pleas to all charges.
The intent of the order was to ensure Kohberger’s right to a fair trial, according to court filings. Now that he has admitted to the slayings of Madison Mogen, 21, Kaylee Goncalves, 21, Xana Kernodle, 20 and Ethan Chapin, 20, attorneys for the media argued that the gag is pointless.
Hippler agreed – but he said that lifting the order would not automatically unseal court documents. Those would be made public in batches, he said, upon review by the court.
He said he would go in reverse chronological order, starting with documents he was most familiar with and moving back in time. The case did not arrive in his courtroom until another judge granted a change of venue in September.
In another twist – Hippler also said that although Kohberger’s plea deal requires him to waive his right to appeal, that doesn’t mean he doesn’t have a right to appeal under the U.S. Supreme Court decision in Garza v. Idaho.
“Now, I recognize the plea agreement includes a waiver of the right to appeal,” he said. “But as the parties probably know, the U.S. Supreme Court in Garza versus Idaho has indicated the fact that a defendant waives the right to appeal doesn’t mean they don’t have the right to appeal, and so it may affect the outcome of that appeal, and it may affect, the underlying case and the plea agreement.”
Prosecutors initially requested the order remain in place until after Kohberger’s sentencing is made official next week, but they reversed course “upon further reflection,” according to their latest filing. The defense opposed lifting it early.
“Now that the Defendant has pleaded guilty as charged to all five (5) counts of the Indictment, his right to a fair trial on the issue of guilt is no longer at issue,” Thompson wrote. “Nevertheless, out of respect for the integrity of the judicial process and the privacy of the victims and their families as they consider their rights to provide victim impact statements at sentencing, the prosecution team does not intend to make any public statements about this case until after sentencing has concluded.”
A hearing on the motion is scheduled in Boise, Idaho, for 12:30 p.m. ET/10:30 a.m. MT.
His sentencing is set for July 23. He is expected to receive the maximum penalty under the terms of the plea deal, four consecutive terms of life in prison without parole, plus another 10 years.
He also waived his right to appeal and to seek a sentence reduction.
Kohberger snuck into an off-campus house at 1122 King Road around 4 a.m. on Nov. 13, 2022, and killed all four students with a Ka-Bar knife, according to prosecutors. He started in an upstairs bedroom, where he killed Mogen and Goncalves. Kernodle was awake on the main floor, and he killed her on the way out. Then he turned the knife on Chapin, who was asleep in her bedroom.
He walked within three feet of another roommate, whom he did not attack, and then left.
Separately, a lawyer for the media coalition filed a motion asking the court to unseal nearly 250 documents in the case.
Read the full article here
