Judge in Kohberger Case Realizes Lawyers on Both Sides Are Keeping Information from the Public, Puts a Stop to It

The judge overseeing the murder trial against Brian Kohberger, who is charged with killing four University of Idaho students in 2022, told attorneys on both sides to be less secretive with their court filings.

Ada County Judge Steven Hippler said in a Monday order that the “pervasive practice of filing material under seal” from both parties “runs counter to the public’s First Amendment rights to know what is going on in its courts,” according to a report from Fox News.

Hippler even noted that “much of the material the parties seek to seal is already in the public domain or is simply not confidential or sensitive.”

Both the defense team for Kohberger and state prosecutors trying to convict him can request that some information, like the names of witnesses and the family members of the victims, be redacted.

“The parties must also seek the least restrictive method to protect information that should be or is exempt from disclosure,” Hippler continued.

“For example, despite the Court’s concerns being expressed previously, the State continues to seek broad orders sealing entire documents to protect the identity of individuals rather than simply using initials or requesting that a redacted version be made public that discloses only initials.”

Hippler said he would require both parties to “adhere closely” to a ruling from the Idaho Supreme Court which makes clear “when public access to judicial records may be denied, including through the redaction and sealing of records.”

“A bare citation to the rule or conclusory summary without an individualized rigorous factual and legal analysis of the basis for seeking to have documents sealed will result in rejection of the request,” he warned.

“Hippler’s directive came as a flurry of new motions were filed ahead of the August trial, including a sealed defense motion to take the death penalty off the table that cited autism spectrum disorder,” Boise news outlet KTVB-TV reported.

There have been other sealed motions discussing whether terms such as “psychopath” or “sociopath” could be used in the trial, the outlet added.

The murders of students Madison Mogen, Kaylee Goncalves, Xana Kernodle, and Ethan Chapin, and the allegations against Kohberger, have generated nationwide attention.

But Latah County Magistrate Judge Megan Marshall issued the first gag order about the case only days after the arrest of Kohberger.

Both the prosecution and the defense have used that gag order as justification to disclose very little to the public.

Most of what the public knows is contained in a police affidavit unsealed in early 2023 or through court statements, according to Fox News.

Each of the four University of Idaho students was stabbed several times during what appeared to be a home invasion in the early hours of the morning.

Investigators found a knife sheath underneath the body of Mogen which they said had Kohberger’s DNA.

Kohberger was a criminology student at Washington State University. His apartment was a 20-minute drive from the crime scene.

Kohberger was later arrested and indicted.

Kohberger is expected to face trial in August and could be sentenced to death.

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