Bryan Kohberger murder scene should be off limits: Lawyer

(NewsNation) — The attorney for the families of two of Bryan Kohberger‘s victims, Madison Mogen and Ethan Chapin, believes any pictures or video of the crime scene should be “off limits” to the public.

Leander James joined “CUOMO,” alongside criminal defense attorney Randy Zelin, to discuss the topic ahead of Thursday’s final opportunity for the families to plead that the footage be kept private.

“Under the case law in Idaho and elsewhere, I think the line is clearly drawn before releasing any death scene images. I think those should not be released,” James told NewsNation on Tuesday.

“Remember, this is a case that didn’t go to trial. It’s not as if this information of these photographs or images were put into evidence. They were not, and they’re not in the public domain. So I think those clearly are off limits.”

Despite reiterating that images and videos of the death scene would be “clearly over the line,” James did note that where the line is drawn on other images will be “an issue in the case” Thursday.

Zelin concurred that it would be emotionally, morally and ethically reasonable for the imagery to be kept private, but whether it was legally permissible was another matter.

“That’s where the obstacle is, and that is because in our system of criminal justice, in our system of justice, civil court, criminal court, there is a presumption of transparency,” he said.

“Anything that the judge considered, whether for purposes of a change of plea or for sentencing, I think, would also be considered judicial documents, and then, therefore, fair game, because the public has a right to have confidence in the judges and the prosecutors. … So I think that is the dilemma, legally, for the family.”