MOSCOW, Idaho — The defense attorney for the man accused of murdering four University of Idaho students filed an objection to the motion to appeal or amend the case's nondissemination order. The objection comes after the attorney representing one of the victim's family claimed the order violated his client's First Amendment rights.
In newly filed court documents, Anne Taylor, the suspect's defense attorney, and Jay Weston, a litigation attorney, state the gag order doesn't violate the family attorney's free speech because that right can be limited to ensure the suspect receives a fair trial. Further, documents state the family's rights are not being violated because they are potential witnesses in the case.
Last November, four University of Idaho students, Kaylee Goncalves, Madison Mogen, Ethan Chapin and Xana Kernodle, were stabbed to death in their Moscow, Idaho, home. More than a month later, police arrested Washington State University Ph.D. student Bryan Kohberger in Pennsylvania in connection with their deaths.
Latah County Magistrate, Judge Megan Marshall, issued an order on Jan. 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. Marshall then amended the order to include the attorney's representing the victims' families on Jan. 18.
The Goncalves family attorney Shannon Gray said the order is "facially overbroad and vague" and "unconstitutionally overbroad." Therefore, Gray requested the court amend and/or clarify the existing gag order to make clear who the "parties" in the case are.
The suspect's attorney filed an objection to that appeal on Feb. 8. In the appeal, Taylor cited a Supreme Court ruling that found freedom of speech can be limited if it prevents a defendant from getting a fair trial.
Gray is not directly involved in the case as an attorney for the victim's family, but Taylor said his status as an attorney limits his free speech protection.
"Mr. Gray has special access to information via his clients," Taylor wrote. "Dissemination of information forbidden by the Court’s order would be deemed authoritative as a result of this access and Mr. Gray’s status as an attorney, and therefore would endanger the jury’s impartiality."
In the appeal, Gray said he would only speak on the family's thoughts and opinions and would not share his own. However, Taylor argues this wouldn't matter because the family has already been speaking on the case and is exempt from the order.
"To extend this exemption to Mr. Gray would function solely to grant potentially prejudicial statements the weight recognized as a danger," Taylor wrote. "The sole effect of maintaining the Court's Order in present form is the continued operation or a remedial measure that prevents prejudice at is inception."
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