MOSCOW, Idaho — A hearing related to a motion filed by the attorney for the family of Kaylee Goncalves concerning the nondissemination order in the University of Idaho student murders case has been canceled.
While the May 25 hearing has been canceled, a scheduling conference has been scheduled for May 22 over Zoom.
Latah County Magistrate Judge Megan Marshall issued a gag order on January 4, prohibiting investigators, law enforcement, attorneys, and agents of the prosecuting attorney or defense attorney from speaking to the media or public about the Moscow murders, and then amended it on January 18 to include the attorneys representing the victims' families.
Attorney Shannon Gray filed a motion in February to appeal, amend and/or clarify the gag order, which he claims is "facially overbroad and vague" and "unconstitutionally overbroad." Gray claimed he should be allowed to speak to the public about the case on behalf of the family under the First Amendment of the United States Constitution.
On Jan. 12, Gray met with Marshall via Zoom to discuss the gag order. Gray said he told Marshall he did not believe the Goncalves family or himself were parties in the murder case and therefore were not subject to the gag order.
According to documents, Marshall said she "mistakenly believed" they were parties and therefore subject to the order.
Gray said he emailed the Latah County Prosecutors Office for clarification after the original gag order was filed. He said the office never offered clarification nor gave him Marshall's email address.
Gray stated the current gag order only applies to the People- attorneys, investigators and agents- and the Defendant, Kohberger, as they are the only "parties" in the case. He added the family members of the victims are allowed to speak to the public and media under the First Amendment.
Gray requested the court amend and/or clarify the existing gag order to make clear who the "parties" in the case are. Gray also requested a hearing on the matter, which will take place on May 25.
Gray told KREM 2 the court held off on holding a motion hearing until the Idaho Supreme Court issued a ruling on an ongoing legal fight to limit the scope of the gag order. On April 24, the court rejected a request to limit the scope of the order.
Kohberger's preliminary hearing is scheduled to begin on June 26, 2023.
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