Idaho murder victim's family challenging gag order

The family of one of the victims killed in a quadruple homicide in Moscow, Idaho is challenging a court order that says they can't speak publicly about the case.

An attorney representing Kaylee Goncalves' family filed a motion Friday that says they are not parties in the case against accused killer Bryan Kohberger and should not be subject to the judge's non-dissemination order.

The Goncalves family was the most outspoken during the initial investigation, making pleas on national television to help find the killer.

The judge's order, filed in January, says "any interested party in this case" can not make "extrajudicial statements", meaning any statements outside of court proceedings.

The list of parties includes everyone from prosecutors to law enforcement to families of the victims and any attorney representing victims' family members or witnesses.

A group of news agencies, including 4 News Now, is already planning to fight the order, saying it is overly broad and violates the First Amendment rights of those involved in the case.

In the challenge filed Friday, attorney Shanon Gray says "the victims surviving family members are free to speak to the public and the media under the First Amendment to the Constitution."

"Simply put," he writes, "their rights to freedom of speech cannot be restricted through a judicial prior restraint."

Gray says he is also allowed to share with the media any opinions or statements the family wishes to have released.

He says he only represents the victim's family members and has no information about the case that has been provided to him by the state or the defense.

"The order is unconstitutionally overbroad," he writes.

The appeal to the order was just filed Friday and there is no court date set to hear the matter.

Gray isn't the only one asking for clarification on the matter.

Just this week, WHITCOM 911 filed a claim in Whitman County Court, referencing requests for the 911 call from the crime made by 4 News Now, the Washington Post and the New York Times.

WHITCOM, which provides 911 service to the Moscow area, says it wants the court to decide if the 911 call can be released since it's a public record not specifically mentioned in the judge's order.

Bryan Kohberger faces four counts of first degree murder.

He's accused of killing Kaylee Goncalves, Madison Mogen, Ethan Chapin and Xana Kernodle in November.

Kohberger was a WSU Ph.D student at the time of the murders, which gained international attention.

[megkathleen]

The interviews the family is doing does their side ZERO favors. Zero. If anyone is going to speak on national TV, the lawyer should be the one doing so - NOT the Goncalves’.

Furthermore, to hear Steven Goncalves say he wants Bryan’s life to end is quite frankly disgusting. I’ve lost a child. I know how that feels. But to say you look forward to another person’s child dying is HORRIBLE and WILL be used against them in court, as will Steven’s remarks about the police’s cowardice and incompetence. There is no excuse for that.

That’s the REALITY of this. This family really need to stop attempting to get on every news station they can. They’re going to be the ones to hurt this case more than anything.

I think it’s also very important to think about Bryan’s family and the other children’s families besides just the Goncalves’. They all lost children. You don’t see any of them appearing in the media with full faces of makeup, acting like someone stole a bag of chips from them. 🙄

[goated]

I won’t judge a grieving father but I will question a person who challenges a gag order put out to protect the person your seeking Justice for. Yes you have freedom to speak but unfortunately you lost 3 more people who other families seems to be fine with the gag order. Don’t compromise that for all of those kids, including yours because you have to get something off your chest. Do that at therapy.

[sandifeola]

he is gonna ruin his own case because he can't stop seeking attention for himself

[jmiller]

Some of these people shooting their mouths off won’t be satisfied till they jeopardize the case!

[pinkierural]

I think Steve feels that the pain of Kaylee's loss is so great that remaining silent is punishing. By talking about Kaylee he keeps her spirit alive- he doesn't want their loss and pain to be forgotten by the public. They dont want Kaylee to be just another news story.

[truthisoutthere]

BRYAN IS INNOCENT!!! The police have the wrong guy!!!!

[tektako]

FFS why would they want to speak publicly and fck up the trial? they need to gtfo of the way and let the proceedings take their course. none of this BS is going to bring the dead back.

[CoachMummy]

The most important thing for the families surely has to be a trial which isn’t compromised in any way. 🤷‍♀️ That alone is sufficient reason to respect the gag order.

[imcurious]

seems like Steve just wants to dish on someone.. first the police.. and he was wrong!.. and now this? did he not learn anything? his grief is unimaginable, but picking fights won't soothe it.. it's just so devastating

[sythmc]

Do they understand what prejudicial even means? If anything creates undue prejudice against this defendant, he benefits.

Dad can talk about his daughter but he should leave the case out of it. The other parents are too in pain and too may want to speak but haven't.

[sandhiyabeharee]

Steve & his family have milked every opportunity to be in the limelight since this horrific incident has occurred. Instead of behaving like a family whose ultimate goal should be for the law to take its course & to trust that the legal system is ensuring that the truth is brought to light, they seem to just want instant gratification. I am sure the gag order is in place cos of there inability to shut the hell up!! He will be the first to react incompetence or an inept legal system if the perpetrator is set free. Be patient!!

[cjackson]

Lol it just shows him gagged and talking with no words

[sunshine]

There's a reason why court has a gag order in place and its spelled out.

[truthisoutthere]

The tu father is mad because he can’t get money going on television shows anymore.

[watcherlady]

They probably put in place because this father and other members of his family just can’t seem to shut up about it and sometimes it can hurt the case. I’m sorry for their pain and I’m sure it must be hard but it obvious the police knew what they were doing and they questioned them every step of the way so how about let the law do it’s thing and give all the interviews with the media a break already.

[MegaTriumph]

When talk is about the Constitution. I like people that talk about your God given rights stated in the Constitutiom. That the police and court system violate everyday.

[dallastexas]

I’m sorry for his loss, but he’s been trying to be on TV nonstop, where he even interfered with the investigation. His Selfish fame desire can cause a dismissal or mistrial

[blasphemertheseventh]

That guy will do anything to keep the cameras on him. He interfered with the investigation and of course he wants all eyes on him for the prosecution.

[RWDWG]

Wasn't this the guy wearing a hex crypto ponzi hat on news lol

[lonnieosbourne]

protect the CRIMINAL is America these day's!!