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.
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.
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
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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 comment.