BOISE, Idaho — The judge overseeing Bryan Kohberger’s upcoming quadruple-murder trial says he wants to identify anyone who may have violated a gag order by leaking information from the investigation to news organizations or anyone else not directly involved with the case.
Fourth District Judge Steven Hippler ordered prosecutors and defense attorneys on Wednesday to give him a list of everyone — including staffers, law enforcement officers and defense consultants — who might have had access to the previously unreported information about Kohberger’s internet search history and other details that were featured in an NBC “Dateline” episode that aired May 9.
The judge said he would be open to appointing a special prosecutor to track down the leak, which likely violated a gag order that has been in place since 2023.
Kohberger, 30, a former graduate student in criminal justice at nearby Washington State University, is charged in the stabbing deaths of University of Idaho students Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves. The four were found dead in a rental home near campus in Moscow, Idaho, on Nov. 13, 2022.
A not-guilty plea was entered on his behalf, and the trial is expected to start in August.
Prosecutors have said they intend to seek the death penalty if Kohberger is convicted.
Hippler wrote in court documents that it appeared likely that someone associated with law enforcement or the prosecution team violated the court’s gag order.
The leak will potentially make it harder to seat an impartial jury, drawing out an already long and complicated court case and costing taxpayers more money, Hippler wrote.
“Importantly such violations potentially frustrate the ability to ensure both sides receive a fair trial,” he wrote. “Accordingly, the Court finds it is imperative to attempt to see that the source of such leak is identified and held to account.”
Hippler also ordered everyone who has worked directly or indirectly on the case to keep all records of any communications they have had with journalists or other people outside of law enforcement about Kohberger or the investigation into the killings.
Hippler appeared to have discussed the matter with prosecutors and defense attorneys during a closed portion of Wednesday’s pretrial hearing.
But he also referenced the Dateline episode and the possible gag order violation during open portions of the hearing — at one point remarking that after the day the episode aired he decided to impanel additional alternate jurors for the trial.
Later he told the attorneys he expected them to file a formal request to have the matter investigated.
