In Boise, Idaho, the judge presiding over the forthcoming trial of Bryan Kohberger, accused of killing four individuals, is concentrating efforts on identifying those who might have breached a gag order by disclosing case details to the media or others unaffiliated directly with the proceedings.
Judge Steven Hippler of the Fourth District is pressing both prosecutors and defense teams to compile a list of individuals, including personnel, law enforcement officials, and defense consultants, who potentially had access to previously unrevealed information regarding Kohberger’s internet activities. Such details were broadcast in an NBC “Dateline” episode on May 9.
The judge expressed willingness to appoint a special prosecutor to investigate the source of the leak, which appears to violate a longstanding gag order implemented in 2023.
Kohberger, 30, previously attended Washington State University as a criminal justice graduate student. He currently faces charges for the alleged stabbing deaths of four University of Idaho students: Ethan Chapin, Xana Kernodle, Madison Mogen, and Kaylee Goncalves. The homicides occurred in a rental property near the Moscow, Idaho campus on November 13, 2022.
Though a not-guilty plea was entered on Kohberger’s behalf, the trial is slated to begin in August. Prosecutors have declared intentions to pursue the death penalty if Kohberger is convicted.
In court documents, Judge Hippler emphasized that it is probable the gag order was violated by someone linked with law enforcement or involved in the prosecution team. Such a leak could hinder the seating of an impartial jury, prolong the judicial process, and increase taxpayer expenses, Hippler remarked.
“These violations may significantly derail the efforts to secure a fair trial for both sides,” Hippler documented. “Hence, the Court finds it necessary to identify and hold the leak source accountable.”
Furthermore, Hippler has ordered all individuals involved directly or indirectly in the case to preserve any records of communication they have had concerning Kohberger or the investigation, with journalists or external parties.
The matter seems to have been discussed in a closed session with attorneys during the pretrial hearing on Wednesday. However, Hippler noted the NBC episode and potential gag order breach in open court, stating that he decided to recruit additional alternate jurors following the broadcast of the episode.
Later, Hippler told the lawyers he anticipates them making a formal request to pursue the source of the leak.