Kohberger judge lifts gag order

(NewsNation) —A judge has ruled to lift a gag order in the criminal case against Bryan Kohberger, who pleaded guilty to killing four Idaho college students in 2022.  

Judge Steven Hippler had imposed the non-dissemination order in 2023 at the beginning of the legal process in order to preserve the integrity of the case, but said he would no longer hold it during a hearing on the matter Thursday.

“At this point, I just don’t think that I can justify the continuation of the non-dissemination order. I think the rights of the public to information in this case is paramount given the fact that a plea has been entered in this case,” Hippler said during the hearing.

However, the judge noted several guidelines, including that the parties are not required to speak to the media.

He also said that the court’s prior preservation order to the parties will continue to be in place as well as sealed documents.

The process to unseal documents will be long, and will start after sentencing and appeals, he said.

Kohberger was virtually present at the meeting, logging in from Ada County Jail. He showed no emotion as Hippler spoke.

The non-dissemination order had prohibited prosecutors and defense attorneys from making statements that “will have a substantial likelihood of materially prejudicing or otherwise influencing the outcome of the case.”

But after Kohberger pleaded guilty, at least two dozen news outlets, including NewsNation, filed a motion to lift the order, saying there is no longer a need for it with the trial not happening. 

“These nondissemination orders have been predicated on a singular justification: preservation of Mr. Kohberger’s right to a fair trial. But Mr. Kohberger’s change of plea and the terms of his plea agreement have rendered that justification moot,” the outlets wrote in their motion. “In the absence of this justification, the Nondissemination Order’s infringement on the First Amendment is impermissible.”

Judge wait to lift gag order

The judge refused to lift the non-dissemination order during Kohberger’s change-of-plea hearing two weeks ago, prompting the news outlets to request a hearing.

Hippler said during that hearing that he wanted to allow the prosecution and defense time to be ready for the onslaught of media requests that will inevitably arise from the case. 

But the news outlets had argued that giving parties time to prepare “cannot justify the continued imposition on free speech,” calling the order “plainly overbroad.”

Kohberger awaits sentencing hearing

Earlier this month, Kohberger agreed to a plea deal and admitted to the 2022 murders of four University of Idaho students: Kaylee Goncalves, Madison Mogen, Ethan Chapin, and Xana Kernodle. 

The plea deal took the death penalty off the table, weeks before he was slated to go to trial in early August. 

The victims’ families will be given an opportunity to address Kohberger and the court before the sentence is handed down during the sentencing hearing next week.

Without a trial, the families of the victims may never get an answer to the question of why Kohberger committed the crime.

The families of victims are divided on the plea. The Goncalves family has criticized the deal, calling it hurried and secretive.

“The state is showing BK (Bryan Kohberger) mercy by removing the death penalty. BK did not show Kaylee ANY mercy,” the family wrote in a statement. “His life on DEATH ROW while serving his time would have been much worse than serving his time as life in prison. He doesn’t deserve life in prison. He deserved life on death row.”

Goncalves’ father, Steve Goncalves, said the family feels they were “used” by government attorneys as prosecutors compiled a mountain of evidence. Goncalves also added that he would have preferred the option of a trial and a potential death sentence for Kohberger.

The sentencing hearing is scheduled to begin at 9 a.m. MT on July 23 at the Ada County Courthouse in Boise. 

NewsNation’s Steph Whiteside contributed to this story.