BOISE, Idaho – The judge in the University of Idaho student murder case warned attorneys to stop filing materials under seal, saying it “runs counter to the public’s First Amendment right to know what’s going on in the courts.”
Ada County Judge Steven Hippler wrote that in an order filed this week.
Bryan Kohberger is accused of killing four University of Idaho students in November 2022.
Kaylee Goncalves, Ethan Chapin, Madison Mogen and Xana Kernodle were stabbed to death in an off-campus home.
Since his arrest, many of the court proceedings have been either sealed or heavily redacted. That started when the initial case was being handled in Latah County, where the judge also put a non-dissemination order in place, ordering people connected not to speak of the case outside of court.
The case has since been transferred to Ada County where the judge seems to be more heavily weighing requests by attorneys to file documents under seal.
The prosecution and the defense have asked for various materials to be sealed, citing either privacy of witnesses or overall integrity of the case itself.
Judge Hippler has granted some of those motions; in fact, he granted the sealing of several documents after his order regarding sealing and redacting was published.
Hippler said in his order that in order to seal materials, attorneys will have to argue that they meet certain criteria outlined in the Idaho Public Records Act. Hippler says those requests need to be specific or the requests will be rejected.
Judge Hippler also said attorneys need to seek the least restrictive method to protect information. The judge says the state specifically keeps asking for broad orders sealing entire documents to protect people’s identity, rather than just using someone’s initials.
New orders sealed
Judge Hippler did seal three documents this week, all filed by Kohbeger’s defense team. Two are related motions in limine, which are motions that request the court to limit or exclude evidence.
The judge also sealed exhibits in support of the defense motion regarding the death penalty. The defense is filing a motion to strike the death penalty based on “autism spectrum disorder.”
The trial is scheduled to begin in August in Boise.
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