The conflict surrounding the gag order comes after the FBI pushed back on a report that its surveillance team “lost” Mr Kohberger while he was under surveillance for the brutal murders of four University of Idaho students.
News organisations are also asking the judge to pull back the scope of the gag order, saying that media access to officials can provide the public with important context in such high-profile criminal cases. The Goncalves family members aren’t alone in their stance about the gag order, which is more highly restrictive than usual.
#GAG ORDER IN FAMILY COURT FULL#
“Once the jury has been selected the non-dissemination order becomes moot and therefore would not be allowed to be in full force for the ‘entirety of the case.’” “The point of a non-dissemination order is to protect the rights of the parties in the case and especially in criminal cases it is an attempt to preserve a fair and impartial jury pool. As such, the Order is unconstitutionally overbroad,” he wrote. On its face it precludes all comments or opinions (other than reciting matters of public record), even if there is no possibility, much less “substantial probability’ of prejudicing the tribunal, and it also extends (remains in effect) even after a jury has been seated and admonished to avoid all press coverage regarding the case. “The Order is facially overbroad and vague. The attorney went on to say that it would place an “undue burden” on the Goncalves’ family if he – as their legal representation – is not able to relay their opinions, views or statements about the case under their First Amendment rights. “Simply put, their rights to freedom of speech cannot be restricted through a judicial prior restraint,” he wrote.
#GAG ORDER IN FAMILY COURT FREE#
Mr Gray argued that the “only “parties” to the case are the People and the Defendant” and so “the Victims surviving family members are free to speak to the public and the media under the First Amendment to the Constitution”. The Judge stated that she mistakenly believed that they were “parties” and were therefore subject to the Order and she instructed me to advise them.” “In that zoom call I informed Judge Marshal that my clients, the surviving family of the family of the late Kaylee Goncalves are not parties to the case and therefore are not subject to the Order. “On JanuI participated in a zoom call with Magistrate Judge Megan Marshall in which several of the victims and witnesses’ attorneys were present as well as Latah County Prosecutor’s Office and counsel for the Defendant,” he wrote. In Friday’s motion, Mr Gray said that the victims’ families are not parties in the case and so should not be covered by the gag order.
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