Additional Coverage:
- Idaho murders case: Bryan Kohberger judge ends ‘pervasive’ secret filings restricting what public can see (foxnews.com)
Ada County Judge Steven Hippler clamped down on the excessive sealing of documents in the Idaho student murders case, criticizing both the prosecution and defense for making it “the norm rather than the exception.” In a Monday order, Judge Hippler pointed out that often entire documents, rather than just sensitive information, were being filed under seal, including material already public or not confidential.
While allowing for redactions of witness names and victims’ family information, and permitting sealing under Idaho Court Administrative Rule 32 for legitimately exempt documents, the judge emphasized that the “least restrictive method” should be used to protect sensitive information. He specifically called out the prosecution for repeatedly sealing entire documents to protect individual identities, suggesting the use of initials or redacted versions instead. The court will continue to redact grand jury testimony, as those proceedings are inherently secret.
Legal expert Neama Rahmani, a former federal prosecutor, expressed concern over the extent of sealing in the case, stating, “I’ve never seen so many documents sealed in a criminal case with no real legal basis. There is a strong presumption that court filings are public.” Rahmani highlighted the significant public interest in the case and criticized the broad sealing practices as potentially violating that interest.
The initial gag order, issued by Magistrate Judge Megan Marshall shortly after Kohberger’s arrest, has resulted in limited public information beyond the initial police affidavit and courtroom statements. This lack of transparency has been a point of contention throughout the proceedings.
The case, which has drawn national and international attention, involves the murders of four University of Idaho students: Madison Mogen, Kaylee Goncalves, Xana Kernodle, and Ethan Chapin. Key evidence includes a knife sheath found under Mogen’s body, allegedly containing Kohberger’s DNA, phone data, video footage of the suspect vehicle, and witness testimony.
After a change of venue, Judge Hippler, now the third judge to preside over the case, has taken steps towards greater transparency, unsealing a DNA evidence hearing transcript and ordering the release of audio recordings from other previously sealed hearings. Kohberger’s trial is scheduled to begin in August and could last up to 15 weeks. He faces a potential death penalty if convicted.