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Yahoo
21-05-2025
- Yahoo
Bryan Kohberger case leak could lead to excluded evidence, Idaho attorney warns
An Idaho-based lawyer said she thinks Judge Steven Hippler will "absolutely" hold prosecutors and law enforcement accountable after sensitive information about the Bryan Kohberger quadruple murder case was leaked. A TV episode about the murders of four University of Idaho students was aired on May 9 and featured new cellphone records, surveillance video, search records and more. Kohberger is accused of killing Xana Kernodle, 20, Kaylee Goncalves, 21, Madison Mogen, 21, and Ethan Chapin, 20. New information about the murders was shared during the May 9 NBC "Dateline" program, which included surveillance video from a nearby house. The surveillance video showed a car similar to Kohberger's that was in the area of the King Road house several times just before the four students were killed. The program also claimed that FBI cellphone tower data showed that Kohberger's cellphone pinged nearly a dozen times to a tower that provides coverage to an area within 100 feet of 1122 King Road, where he allegedly killed the four students. Judge Says Gag Order 'Likely' Violated In Bryan Kohberger's Idaho Murder Case Edwina Elcox, a criminal defense attorney in Boise, Idaho, told Fox News Digital she thinks Hippler is taking the leak very seriously. Read On The Fox News App "I think prosecutors/law enforcement will absolutely be held accountable," Elcox said, noting she has worked on cases with Hippler as the judge. Elcox said she "absolutely" thinks it's possible for evidence presented during the TV episode to be excluded in court. Sign Up To Get The True Crime Newsletter "Can you imagine if the remedy for this was all that evidence being excluded?" Elcox said. "I ABSOLUTELY think that is in the realm of remedies." "Not only should it never have happened under any circumstances, there was the gag order," she added. Hippler said Thursday in an order that the court's gag order was "likely" violated by someone who, at one point, was associated with either law enforcement or the prosecution team. Judge Rules Death Penalty To Remain As Possible Punishment Amid Bryan Kohberger Autism Diagnosis Hippler ordered anyone who worked with either law enforcement or prosecutors on this case to retain all communications and data relating to the murder investigation. "Such violations not only undermine the rule of law, potentially by persons charged with upholding it, but also significantly impede the ability to seat an impartial jury and will likely substantially increase the cost to be borne by the taxpayers of Latah County to prosecute this case by extending the time it will take to seat a jury and potentially requiring lengthy period of juror sequestration," Hippler wrote. Hippler also said he's open to appointing a special prosecutor who'd investigate where the leak came from, but hasn't yet made a decision. He gave a seven-day deadline to prosecutors, who were ordered to submit a list, on camera, of all individuals within law enforcement and the prosecuting agencies that have access to the information shared during the episode. Idaho Statesman Investigative Reporter Kevin Fixler told Fox News' "America Reports" he was surprised when the "Dateline" episode aired. "I have been on this case since literally day one, and this was a surprise. A lot of this information that was released just two and a half months before trial. So we're trying to better understand where that came from," Fixler said. Follow The Fox True Crime Team On X Forensic expert and Jacksonville State University Professor Joseph Scott Morgan told Fox News Digital there's a risk that the TV episode on Kohberger will taint the jury pool. "I think the first place you have to look is the tainting of the pool, of the jury pool," Morgan said. "Progressively, it becomes more and more difficult because people form opinions, they put things out there that are not true, and you still have yet to pick a jury. And it's not like you're going to Manhattan. You're talking about Ada County, Idaho. You have a limited pool of potential jurors there." "They need to find out who's inside that investigative bubble that would release all of this digital data because you're talking about a copious amount, not just a new video that we're seeing that had never been seen before," Morgan added. GET REAL-TIME UPDATES DIRECTLY ON THE True Crime Hub Morgan said the leak might have the biggest impact if Kohberger decides to file an appeal, after a jury hands down a decision. "Afterwards, if in fact [Kohberger] is found guilty, his attorneys are going to have a field day with stuff like this," he said. Former Assistant U.S. Attorney Neama Rahmani told Fox News Digital he doesn't think the leak will have much of an impact on the case. "People should follow court orders, but this is more bluster than anything and I don't think much will come of it. This is what happens when you have a very broad gag order and it takes 3.5 years to finally get a murder case to trial. It's not realistic to expect evidence not being leaked to the media for years in the biggest murder trial in the country," Rahmani article source: Bryan Kohberger case leak could lead to excluded evidence, Idaho attorney warns

Yahoo
16-05-2025
- Yahoo
Kohberger judge cracks down on investigation leaks
May 16—The judge in the Bryan Kohberger case is cracking down on leaks about the Moscow murder investigation after a "Dateline" episode on the Nov. 13, 2022, killings premiered last week. The NBC reporters for the "Dateline" episode, titled "The Terrible Night on King Road," relied on information from anonymous sources connected to the case. The episode detailed, among other information, Kohberger's alleged cellphone activity, including internet searches of Ted Bundy, porn and the Moscow murder investigation. The episode also shared gruesome details about the crime scene and surveillance video of what appears to be the suspect's vehicle near the King Road crime scene. Kohberger faces four counts of first-degree murder and one count of burglary in the stabbing deaths of University of Idaho students Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin. In a court document filed Thursday, Ada County District Judge Steven Hippler wrote that it appears someone violated the court's non-dissemination order, which prohibits people involved in the case from talking publicly about it outside the courtroom. Hippler said these violations potentially violate Kohberger's right to a fair trial, and could prolong the case. "Accordingly, the Court finds it is imperative to attempt to see that the source of such leak is identified and held to account, and that doing so is the best deterrent to future violations," Hippler wrote. He ordered that anyone involved in the case are prohibited from deleting or destroying any evidence related to the case or related communications they've had with someone outside the investigation. The prosecution and Kohberger's attorneys have seven days to submit a list of all people in their teams who have had access to any facts related to the murder investigation. The prosecution must also write up a plan to prevent future violations of the gag order. Also on Thursday, Hippler set a deadline for the defense to provide "alternative perpetrator" evidence, and went over the rules of the upcoming trial. On June 18, a hearing will be held to discuss the defendant's evidence that alternative perpetrators were responsible for the quadruple murders. Hippler warned attorney Anne Taylor and her defense team that they need to provide him specific evidence, and reasons why it is admissible. They cannot just offer allegations, he said.

Yahoo
16-05-2025
- Yahoo
Judge orders probe in information leak on NBC 'Dateline' episode about Bryan Kohberger
May 15—An Ada County judge has ordered a probe into leaked information to media about the ongoing murder case of four University of Idaho students. The information leaked to NBC's "Dateline" about suspect Bryan Kohberger is a direct violation of a non-dissemination order, the judge wrote. It was issued in January 2023 to bar investigators and people with knowledge of the case from disclosing information that might influence potential jurors and upend efforts to ensure Kohberger receives a fair trial. Kohberger, 30, is charged with four counts of first-degree murder in the deaths of Madison Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin. The four were found stabbed to death in an off-campus Moscow home in 2022. His trial is set for August — but because of the leak, it will likely increase the time and costs it will take to seat an impartial jury, Ada County Judge Steven Hippler wrote in his Thursday order. The source of the leak should be identified and "held to account," Hippler wrote. And now, rather than six alternate jurors, he told the court in a Thursday hearing he would be adding two more. The Dateline episode, which aired May 9, shared specific details about what investigators found on Kohberger's phone. According to Dateline, Kohberger scoured the internet for information about infamous serial killer Ted Bundy and made a number of searches for pornography with the keywords "drugged," "sleeping" and "passed out." His phone also connected 23 times in four months to a cellphone tower near the home where the four students were killed, according to the Dateline report. Anyone formerly or currently involved with the quadruple homicide case is prohibited from deleting any communications, files or documents related to Kohberger, according to the order. The defense and prosecution must also submit a list of people that would have had access to Kohberger's cellphone records, social media, internet search history and other electronic devices that were a point of discussion in the show. If it is found anyone disobeyed Hippler's ruling, they could be held in contempt of court, the order states. Kohberger's trial is set to take place in Boise beginning Aug. 11.
Yahoo
16-05-2025
- Yahoo
Judge says gag order 'likely' violated in Bryan Kohberger's Idaho murder case
An Idaho judge said on Wednesday it's "likely" someone associated with law enforcement or the prosecution violated a gag order after "sensitive information" was aired during a TV episode about the Bryan Kohberger case in May. On May 9, a TV episode about the Bryan Kohberger case aired which featured new cell phone records, search records, surveillance video and more. Kohberger is accused of killing Xana Kernodle, 20, Kaylee Goncalves, 21, Madison Mogen, 21, and Ethan Chapin, 20. New information shared during the "Dateline" episode included surveillance video from a nearby house showing a car similar to Bryan Kohberger's that was in the area of the King Road house several times just before the four students were killed. The episode also claimed that FBI cellphone tower data showed that Kohberger's cellphone pinged nearly a dozen times to a tower that provides coverage to an area within 100 feet of 1122 King Road, where the four University of Idaho students were killed. Car Similar To Bryan Kohberger's Seen Near Victims' Home Multiple Times Just Before Alleged Killings: Report In a Thursday afternoon order, Judge Steven Hippler said the court's gag order was "likely" violated by someone, who at one point, was associated with law enforcement or the prosecution team. Read On The Fox News App Hippler ordered anyone who worked with law enforcement and prosecutors on this case to retain all communications and data relating to the murder investigation. "Such violations not only undermine the rule of law, potentially by persons charged with upholding it, but also significantly impede the ability to seat an impartial jury and will likely substantially increase the cost to be borne by the taxpayers of Latah County to prosecute this case by extending the time it will take to seat a jury and potentially requiring lengthy period of juror sequestration," Hippler wrote. While Hippler didn't mention the episode during Thursday's hearing, he said that he'd be open to appointing a special prosecutor who could request a magistrate judge to grant subpoena privileges. Prior to the TV episode airing, Hippler said he had intended on using six alternate jurors for the trial. After the episode aired, Hippler said eight alternates would be needed. Hippler said the following pieces of evidence were revealed during the episode: Survellance footage of "Suspect Vehicle One" AT&T records for Kohberger Content of Kohberger's cell phone Photographs and information associated with Kohberger's Amazon account The judge also ordered prosecutors to submit a list, on camera, of all individuals within law enforcement and the prosecuting agencies that have access to the information shared during the episode, giving them a seven-day deadline. Fox News Digital reached out to NBC for article source: Judge says gag order 'likely' violated in Bryan Kohberger's Idaho murder case


San Francisco Chronicle
15-05-2025
- San Francisco Chronicle
Idaho judge wants an investigation of information leaks in Bryan Kohberger's quadruple-murder case
BOISE, Idaho (AP) — The judge overseeing Bryan Kohberger's upcoming quadruple-murder trial says he wants to identify anyone who may have violated a gag order by leaking information from the investigation to news organizations or anyone else not directly involved with the case. Fourth District Judge Steven Hippler ordered prosecutors and defense attorneys on Wednesday to give him a list of everyone — including staffers, law enforcement officers and defense consultants — who might have had access to the previously unreported information about Kohberger's internet search history and other details that were featured in an NBC 'Dateline' episode that aired May 9. The judge said he would be open to appointing a special prosecutor to track down the leak, which likely violated a gag order that has been in place since 2023. Kohberger, 30, a former graduate student in criminal justice at nearby Washington State University, is charged in the stabbing deaths of University of Idaho students Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves. The four were found dead in a rental home near campus in Moscow, Idaho, on Nov. 13, 2022. A not-guilty plea was entered on his behalf, and the trial is expected to start in August. Prosecutors have said they intend to seek the death penalty if Kohberger is convicted. Hippler wrote in court documents that it appeared likely that someone associated with law enforcement or the prosecution team violated the court's gag order. The leak will potentially make it harder to seat an impartial jury, drawing out an already long and complicated court case and costing taxpayers more money, Hippler wrote. 'Importantly such violations potentially frustrate the ability to ensure both sides receive a fair trial,' he wrote. 'Accordingly, the Court finds it is imperative to attempt to see that the source of such leak is identified and held to account.' Hippler also ordered everyone who has worked directly or indirectly on the case to keep all records of any communications they have had with journalists or other people outside of law enforcement about Kohberger or the investigation into the killings. Hippler appeared to have discussed the matter with prosecutors and defense attorneys during a closed portion of Wednesday's pretrial hearing. But he also referenced the Dateline episode and the possible gag order violation during open portions of the hearing — at one point remarking that after the day the episode aired he decided to impanel additional alternate jurors for the trial.