LATAH COUNTY, Idaho — The families of two University of Idaho murder victims are suing the City of Moscow to block the release of certain investigative records, arguing that making the material public would violate their privacy and cause further harm.
The civil case, Laramie v. Moscow, stems from public records requests that led to blurred crime scene photos being released– images that were later published by a Boise news outlet that is not Idaho News 6.
“These gory images were disseminated to the public, or at least in this case to one media outlet that then apparently disseminated to others because they're now out there everywhere,” attorney Leander James told the court.
WATCH: A judge weighs whether University of Idaho murder crime scene images should be released.
James, who represents the families of Madison Mogen and Ethan Chapin, argued the city’s redactions were inadequate. “The city contends… that it redacted all of the bodies in the case. We submit respectfully that that is factually inaccurate. Blood, as a biological fact, is part of the body… Second point. I wish to emphasize is that blurring is not redacting,” James said.
The City of Moscow countered that it must follow Idaho’s public records law, noting it has received more than a thousand requests in the case– including hundreds specifically for photos and video.
“Whether anyone personally thinks these images should be released or not, the city has a duty under the statute to release them on request, unless an exception applies.… the city doesn’t get to ask why,” said Andrew Pluskal, an attorney for the city.
Presiding Judge Megan Marshall said her decision will focus squarely on whether releasing death scene images would cross the threshold of an invasion of privacy.
“I think we are really looking at the death scene images… whether or not those should be released, and if so, to the extent of which, whether they’re blurred or otherwise redacted, what that is going to look like so as not to cross the threshold of the unwarranted invasion that’s being asserted,” Marshall said.
For now, the judge extended a restraining order blocking the release of images, audio, or video from the bedrooms of Mogen, Chapin, Xana Kernodle, and Kaylee Goncalves while she takes the case under advisement.