Suspect in murders of 4 students dons suit and smirks in court gag order fight

10 June 2023 , 17:24
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Bryan Kohberger appears to smirk in court as he listens during a motion hearing regarding the gag order (Image: AP)
Bryan Kohberger appears to smirk in court as he listens during a motion hearing regarding the gag order (Image: AP)

When Bryan Kohberger walked into a quaint Idaho courtroom this week, he wasn't wearing the orange jumpsuit that's become a staple of his public appearances since his arrest in December 2022.

Instead, the quadruple murder suspect wore a black suit jacket, blue shirt and multicoloured tie - and was seen appearing to smirk in new pics from court.

Mr Kohberger is accused of stabbing to death University of Idaho students Madison Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin as they slept in an off-campus apartment on November 13, 2022.

He famously refused to submit a plea in the case, which prompted Second District Judge John C. Judge to enter a "not guilty" one on his behalf in May.

Suspect in murders of 4 students dons suit and smirks in court gag order fight eiqdiqteiqukinvKohberger enters the courtroom in a smart suit and tie (AP)

The alleged slaughters shocked the rural communities of Moscow, Idaho, and nearby Pullman, Washington, where Kohberger studied criminology as a graduate student at Washington State University.

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They also attained widespread, global media attention, which prompted Latah County Magistrate Judge Megan Marshall to issue a 'nondissemination' order - or 'gag' order - preventing any attorneys, law enforcement agencies, the families of the victims and all other parties in the case from speaking to the press.

Suspect in murders of 4 students dons suit and smirks in court gag order fightKohberger is accused of killing four University of Idaho students (AP)

Statements are only permitted if quoted directly from a court document.

More than 30 media organisations and a lawyer for one Goncalves family challenged the gag order, arguing that it violates the First Amendment, which promises free speech and freedom of the press.

Mr Kohberger's lawyers and prosecutors assert, however, that the gag order is necessary to ensure the 28-year-old has a fair trial — news coverage could sway opinions, they argue.

Suspect in murders of 4 students dons suit and smirks in court gag order fightKohberger listened intently (CourtTV)

"It remains appropriate to have an Order reminding lawyers and their agents of the rules of engagement in this country and that we try cases in court, not in the press," wrote Jay Weston Logsdon, one of Kohberger's attorneys, in a memo to the court.

"The State's and Mr Kohberger's failure to present any evidence of prejudicial news coverage, and the Court's failure to consider alternative measures, means the competing constitutional rights here were improperly balanced and the Gag Order should be vacated," rebuked the attorneys for the coalition of media agencies.

Suspect in murders of 4 students dons suit and smirks in court gag order fightKohberger looks down to the ground (AP)

Shanon Gray, representing the Goncalves family, said the gag order was "too vague" as he filed a motion to amend or clarify it.

Emotions ran high and KTVB reported Mr Gray had been speaking with the media despite the order.

He said: “This is an attempt by the prosecution to shut them [Goncalves’ family] up and shut me up. I have not seen a poorer line of communication in my 22 years than with the prosecution and the Goncalves family."

Suspect in murders of 4 students dons suit and smirks in court gag order fightThe hearing became tense, it was reported (AP)

Mr Gray and Judge John C. Judge had a "tense" exchange, according to KTVB.

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Judge Judge asked: "Help me understand what you think you can't say versus what you've already been saying?"

Mr Gray replied: "I have no idea," and told the judge the court is "just throwing stuff in the air" to to control his free speech.

Suspect in murders of 4 students dons suit and smirks in court gag order fightKohberger previously appeared in an orange prison suit (AP)

While Latah County Prosecutor Bill Thompson chimed in, claiming Kaylee Goncalves' family were advised by Mr Gray not to be interviewed.

He told the judge: "Mr Gray has made representations that are simply misleading.

"The media is here.

"I don't want the public to come away with the impression that impropriety has occurred.

"We have answered the questions we can."

Suspect in murders of 4 students dons suit and smirks in court gag order fightVictims Kaylee Goncalves (second from left, bottom) and Madison Mogen (second from left, top), Ethan Chapin (center) and Xana Kernodle (second from right) (ZUMA Press Wire/REX/Shutterstock)
Suspect in murders of 4 students dons suit and smirks in court gag order fightVictims Madison Mogen, 21, and Kaylee Goncalves, 21, who were killed with two other University of Idaho students (ZUMA Press Wire/REX/Shutterstock)

The gag order case has essentially become a battle between the rights outlined in the First and Sixth Amendments, the latter of which guarantees fair trials.

The Idaho Supreme court refused to overturn the order after the media outlets petitioned it in April, telling them that they should have first asked the lower court.

They did, which led to two scheduled sessions on Friday in which a judge was set to hear arguments related to the order.

It was at another session, set to open the floor to discussions about the order, that Mr Kohberger walked in wearing a suit.

Suspect in murders of 4 students dons suit and smirks in court gag order fightKohberger's trial is set to drag on (AP)

No judges have yet weighed in on whether the order violates the First Amendment.

Prosecutors have also not said whether they wish to seek the death penalty against Mr Kohberger.

Gene Johnson

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