Attorneys: obey the gag order

Feb. 11—The attorneys for the suspect in the Moscow quadruple homicide case argues the Goncalves family attorney should remain part of the gag order prohibiting him from speaking to the public.

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

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

The suspect, Bryan 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, Xana Kernodle and Ethan Chapin. He awaits his June 26 preliminary hearing.

The Goncalves family attorney, Shanon Gray, earlier this month filed a motion arguing that he should be allowed to express the Goncalves family's opinions.

"It would place an undue burden on the victims' families if the attorney whom they have retained to represent their interests was prohibited from serving as their spokesperson (conduit) to the media and other parties in transmitting the victims' families thoughts and opinions," he wrote in his motion to appeal the gag order.

Gray also argued he is exempt because he has played no part in the investigation, prosecution or defense of the case.

Latah County Prosecutor Bill Thompson filed an affidavit Tuesday stating that members of the Goncalves family are considered potential witnesses in this case.

Kohberger's attorneys, Anne Taylor and Jay Weston Logsdon, objected to Gray's motion Wednesday and wrote that Gray has special access to information via his clients, and disseminating this information would endanger the jury's impartiality.

They also pointed out that while the Goncalves family is free to voice their thoughts and opinions themselves, Gray is "bound by the rules of professional conduct," which are not excused 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 on the belief it violates the First Amendment.

The coalition is being represented by Wendy Olson and Cory Carone, of Boise law firm Stoel Rives LLP. Olson is the former U.S. Attorney for the District of Idaho.

The petition argues that the gag order wrongly assumes all speech about the case is prejudicial against Kohberger.

Kuipers can be reached at akuipers@dnews.com.