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Attorney: Comply with the gag order

Attorney: Comply with the gag order

Feb. 11—Attorneys for the suspect in the Moscow quadruple murder case argue that Goncalves’ family attorney should be part of a gag order barring him from speaking to the public.

That gag order, or nondissemination order, was signed by Latah County Magistrate Judge Megan Marshall and prohibits any attorney involved in the case from speaking publicly to the media about the murder.

The gag order states that its purpose is to protect the right to a fair trial.

The suspect, Brian Kohberger, was arrested Dec. 30 and faces four counts of first-degree murder and one count of burglary in the November stabbing deaths of University of Idaho students Kaylee Goncalves, Madison Mogen, Gianna Karnodol and Ethan Chapin. He is awaiting his June 26 preliminary hearing.

The Goncalves family’s attorney, Shannon Gray, filed a motion earlier this month that the Goncalves family should be allowed to express their views.

“It would place an undue burden on victims’ families if the attorneys they retain to represent their interests are prohibited from conveying the thoughts and opinions of victims’ families to the media and other parties as their spokespersons.” He wrote in his motion to appeal the gag order.

Gray also argued that he was exonerated because he played no role in the investigation, prosecution or defense of the case.

Latah County Prosecutor Bill Thompson filed an affidavit Tuesday saying members of the Goncalves family are being considered as potential witnesses in the case.

Kohberger’s attorneys, Anne Taylor and Jay Weston Logsdon, objected to Gray’s motion Wednesday, writing that Gray has special access to information through his clients and that releasing the information would jeopardize the jury’s impartiality.

They also noted that while the Goncalves family is free to express their thoughts and opinions, Gray is “bound by rules of professional conduct,” which are not waived by the First Amendment.

This week, a coalition of media organizations that includes the Moscow-Pullman Daily News and the Lewiston Tribune filed a petition to vacate Latah County’s gag order, believing it violates the First Amendment.

The alliance is represented by Boise law firm Stoel Rives LLP’s Wendy Olson and Corey Carone. Olson is a former U.S. Attorney for the District of Idaho.

The petition argues that the gag order wrongly assumes that all statements in the case are prejudicial against Kohberger.

Kuiper can be reached [email protected].



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