MOSCOW, Idaho — Newly unsealed documents reveal even more disagreement among attorneys involved in the murder case against Bryan Kohberger, including allegations of leaked information.
A memo from a January 13 meeting, which was held in chambers and not in a public courtroom, was released earlier this week. In what amounted to notes summarizing the meeting, Judge Megan Marshall gave attorneys a reminder of her prior non-dissemination order.
The three-page memo, with the names of some witnesses and their attorneys redacted, shows how seriously the court is trying to keep potentially prejudicial information out of the media, says one legal expert.
“It was an ordinary meeting to deal with extraordinary circumstances," said Seattle trial lawyer Mo Hamoudi.
Hamoudi says such closed-door meetings are common during pre-trial preparations. He says this amounts to a judge pulling aside the attorneys to give them a stern warning.
“You want this case either tried to a jury or resolved by way of a plea agreement -- once," Hamoudi said. "Cases like this are not only expensive, but the victims’ families will be damaged the longer it takes to get through this process.”
Judge Marshall called the meeting 'in response to what she has been seeing and hearing from various media sources.' The details of what the judge was referencing were not included in the document.
The judge did state she wanted to make clear her expectations of the lawyer's ethical duties and, if her order was violated, 'she will either have to find them in contempt of her order and/or report their actions to the Idaho State Bar.'
“There’s real concern in this case about information being publicized before it is even introduced in a court of law," Hamoudi said.
Hamoudi explains that being held in contempt could result in a fine or even jail time; a complaint to the state bar is even more serious, resulting in possible license suspension or even being disbarred in the most serious cases.
In the unsealed memo, Goncalves family attorney Shanon Gray claimed information is 'getting leaked from the prosecutors' office.'
Latah County Prosecutor Bill Thompson denied the allegations.
Hamoudi says possible leaks could damage the ability to find a jury or try the case fairly.
“Because for it to come into court it has to be reliable, it has to be relevant, it has to be admissible and meet criteria of the rules," Hamoudi said. "So, now you have information out there that may or may not come into evidence.”
The memo highlights the concerns of the judge and prosecutor about being able to impanel a jury and try the case fairly.
Hamoudi says the release of the document itself is an important indication of how seriously the judge and attorneys are committed to protecting the highly-publicized case and its future in court. He points out Thompson and Bryan Kohberger's public defender Anne Taylor both signed off on unsealing the memo.
"It speaks volumes. Because they’re interested in making sure the integrity of these proceedings are protected," Hamoudi said. "It’s clear.”
Gray has objected to being included in the court's gag order. In the memo, he took 'issue with the interpretation of 'substantially prejudices' (referring to substantial likelihood of materially prejudicing an adjudicative proceeding in the matter).'
He told the judge his clients, the Goncalves family, have kept the story alive and helped the investigation with their comments about the case.
Noted in the memo, one of the redacted individuals reminded Gray he 'is creating a record by his media interactions. His statements are being captured by the defense. All of his statements impact the case and advised Mr. Gray to exercise restraint.'
The order does not prevent witnesses or family members from speaking about the case.
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