Here at the Latah County Courthouse waiting for the Goncalves family att. Shanon Gray to begin his arguments to amend / clarify the gag order in the
#BryanKohberger case. Remember, we have another hearing later today about the gag order at 1:30pm (pacific time)
OK, interesting.
#BryanKohberger is not wearing his usual jail-issued orange jumpsuit in court today. He is in a suit jacket, dress pants and what looks to be a blue tie.
Judge Judge just apologized for stumbling over Kaylee and Xana's name at the arraignment. "I was up all night, really ill. Probably food poisoning… Also some emotion and nerves as I read those names. I'm sorry.”
Judge says to the families, "The loss of your children is devastating and horrific." Goncalves' family attorney said he appreciates Judge's apology.
Judge also says that he saw no explanation of what standing silent during a plea means in the media. "That is Mr. Kohberger's right," Judge said. “That is not unusual, but reading the media it seemed somewhat mysterious.”
Gray is up arguing the gag order. Gray says he disagreed with everything the magistrate judge said about the gag order the first time. “I took that as I should tell my clients to be quiet.”
Gray says the Goncalves family had no idea a grand jury was even being convened (they figured it out) and that the family has never been interviewed by the prosecution.
“I have not seen a poorer line of communication in my 22 years than with the prosecution and the Goncalves family," Gray said. Judge:This is potentially a death penalty case. There hasn't been notice but that is potential.The families would certainly be witnesses in that process
Ok, this is getting tense. Gray said he doesn't think the judge has the authority for certain things Gray should be able to say. "I do have the authority," Judge said. "In fact I KNOW I have the authority.”
Gray says he just can't see the families being potential witnesses in the case if they're not even being spoken to by the prosecution.
"They're throwing stuff in the air that is not even justified... Not enough to regulate my free speech," Gray said. "I understand your position," Judge said. "Good." Gray replies. He sits down.
Latah Co Prosecutor Bill Thompson: “Mr. Gray has made representation that are simply misleading… The media is here.. I don't want the public to come away with the impression that impropriety has occurred… We have answered the questions we can."
Thompson said that from the very beginning investigators have attempted to interview the Goncalves family, "And Mr. Gray has not permitted it.”
Prosecution contends the family would likely be witnesses in any sentencing, especially a death penalty sentencing. Which gives me kind of an indication that they may file, but who knows.
P: “The alternative.. Sequestering the jury or changing venue aren't going to mitigate the impact of statements made in the case." “Gray's statements that he isn't bound… illustrate why the order is necessary in this matter…. We would ask the court uphold the amended order”
Lots coming out of this hearing. The defense said the reason people stand silent, aka
#BryanKohberger, is because they can avoid any possible claims the defense can't challenge anything with the grand jury indictment.
Anyways, the defense said the safest thing to do is for everyone to not speak to media. "We don’t (inaudible) someone that's trying to whip the media into a frenzy and send this case to the firing squad or whatever,” the defense said.
#NOW: Judge will not issue a decision on the motion today. He will issue a written decision at a later date. He will try to get his decision out as soon as possible. Order still remains in place. We adjourn. Will be back at 1:30.
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