MOSCOW, Idaho — Judge John Judge heard arguments from attorneys representing Bryan Kohberger, the prosecution, and an attorney representing a media coalition to determine whether or not cameras will be allowed in the courtroom for the trial of Bryan Kohberger, as well as addressing the media coalition petition to lift the non-dissemination order.
Kohberger will stand trial charged with four counts of first-degree murder and felony burglary charges in the slayings of Kaylee Goncalves, Madison Mogen, Xana Kernodle, and Ethan Chapin in November 2022.
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As the hearing began, Judge first offered his distaste in the media attorney's use of the reference "gag order", preferring that all parties refer to it by its technical name, a non-dissemination order.
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After hearing arguments from the attorney representing the media coalition, Judge granted the defense request to take judicial notice of media coverage, noting the media attorney would be able to come back for reconsideration if needed. Judge also proposed that he could amend the order to be more clear about what people can and can't say with regard to the non-dissemination order.
One defense witness testified there is evidence supporting that press exposure can pre-prejudice in potential jurors, while another provided data outlining the number of media reports about the trial and how big an audience those reports reached. The defense argued that an enormous amount of the press is one-sided. The state agreed with the defense that the non-dissemination order has been effective. The attorney for the media coalition noted that the data regarding reports did not measure anything about the reports' accuracy or what was in them.
In the subject of whether or not cameras can be in the courtroom, Judge says he has never denied a camera in the courtroom before, though this is a different case. The defense expressed concerns saying media outlets tend to manipulate pictures and video of Kohberger from the courtroom.
Defense attorneys for Kohberger did leave the door open to potentially agreeing to cameras during the trial, once the jury was empanelled, but requested the judge revisit that after the jury selection process concluded.
Judge John Judge will take all testimony into consideration before issuing his decision, though he will not be issuing his ruling today.
Earlier today, Judge heard oral arguments from the family of Kaylee Goncalves, the prosecution and the defense regarding petitioned amendments to the non-dissemination order. The judge is expected to make a ruling soon on whether or not to change or lift the gag order altogether.
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It's yet to be determined whether the prosecution will seek the death penalty in the case, though just over 30 days remain for them to submit the paperwork.
Idaho News 6 is a member of the media coalition petitioning the court to amend the current non-dissemination order and continue to allow cameras in the courtroom.
