The judge overseeing the case against Bryan Kohberger in Idaho on Thursday refused to bar cameras from the courtroom but said he would like to have more control over them.
Second Judicial District Court Judge John Judge opened Thursday’s hearing by saying he had not made a final decision a defense motion to ban cameras. Attorneys for Kohberger, accused of killing four University of Idaho students in their off-campus rental last November, say the cameras deprive their client of his 14th Amendment right to due process and claim media photographs have violated Judge’s instructions to avoid focusing exclusively on the defendant, as CrimeOnline has reported.
Kohberger, 28, is charged with killing Madison Mogen, Ethan Chapin, Xana Kernodle, and Kaylee Goncalves on November 13, 2022. After a painstaking investigation, he was arrested on December 30 at his parents home in Pennsylvania. He has pleaded not guilty.
“I’m not going to ban cameras in the courtroom, but I need more control over what cameras are doing, and what media, not media is doing with the filming,” Judge said at Thursday’s hearing, according to the Idaho Statesman. “I know I can only control so much and that’s why I continue to urge people to be patient and have some dignity and some restraint.”
Judge particularly cited how photos and videos taken by the media are used by people on the internet. But he also said he was keen to strike a balance between the dual needs to achieve a fair trial and to preserve public access.
“It’s a benefit and also potentially a harm,” Judge said. “It can tilt a case one way or the other if the media is, well, trying the case in the media. And we don’t want that because that’s not based on evidence, that’s not based on the rules of the court and it can get out of control.”
Defense attorney Jay Logsdon said they were also concerned that media would zoom in on their work product and suggested that if cameras are to remain in the courtroom, putting them at the back of the room with a wide angle shot might “protect what we’re trying to protect.”
Prosecutors have been more concerned with the broadcast of sensitive evidence and vulnerable witnesses. Deputy Prosecutor Brad Rudley said that their “contention is that the safest way and best way to address all of these concerns is the prohibit cameras in the courtroom.” But, he allowed the barring them from recording sensitive evidence or witnesses would be the minimum solution.
Wendy Olson, representing a coalition of more than 20 media outlets, argued against banning cameras on First Amendment grounds and said that the recording of courtroom proceedings helps limit misinformation by non-journalists.
“The answer is not less sunshine, it’s more,” said Olson, a former US Attorney for Idaho. “The public and this community will be best served by having those cameras in the courtroom.”
The families of at least two of the victims of the University of Idaho murders also oppose prohibiting cameras.
Shanon Gray, who represents the family of Kaylee Goncalves, issued a statement on behalf of his clients and some members of Xana Kernodle’s family.
“Speculation is fueled by the secrecy surrounding everything that is filed and every hearing that is closed off to the media and the public,” the statement read. “So it is vitally important that the trial be viewed publicly! It is important to the victims’ family, relatives, community members and the public that this veil of secrecy be lifted at trial. This not only ensures accountability for all the parties involved, but also helps the public maintain its faith in the justice system!”
Judge said he would issue his final ruling later, but for now, the cameras stay.
“Please have patience, be respectful and be decent. That’s what I want,” Judge said to the media.
At a closed hearing on Thursday, Judge heard arguments on a defense motion to dismiss the grand jury indictment against Kohberger.
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[Featured image: Bryan Kohberger listes to Judge John C. Judge (on screen) at a hear in Latah County last month. (AP Photo/Ted S. Warren, Pool)]
