Thread by @alcaprari23

🧵: #IdahoFour #BryanKohberger Proceedings.

The first of two hearings is scheduled to begin in a few minutes. Today it's all about the gag order that severely restricts the ability for anyone in this case (attorneys, law enforcement, victim families) to discuss it openly.

Kohberger is currently being held in the Latah County Jail. His legal team wants to keep the gag order in place to protect his 6th amendment right to a fair trial.
The other side of the coin is that with so little info coming out, it's led to widespread speculation and judgement

@NewsNation @BanfieldonNN @NewsNationComms Really this comes down to 1st amendment right to free speech/free press versus 6th amendment right to a fair trial.
In the 2nd hearing today, lawyers on behalf of several news/media organizations will argue that the gag order is preventing the public from hearing about this case

@NewsNation @BanfieldonNN @NewsNationComms Bryan Kohberger has just entered the courtroom with his legal team. He is wearing a black suit and tie. He is clean shaven and appears to have product in his hair. He is not handcuffed when he enters the courtroom. He appears serious. #IdahoFour

@NewsNation @BanfieldonNN @NewsNationComms Kohberger has a set of legal documents in his hand that he appears to be reviewing. The courtroom is setting up a Zoom feed where several other virtual attendees have been waiting. The Judge calls it a "hybrid approach." #BryanKohberger

@NewsNation @BanfieldonNN @NewsNationComms First hearing is a motion on behalf of the Goncalves family to amend the gag order. We are told that some of the Goncalves family is monitoring via Zoom.

Judge is addressing victim's families: "My heart does go out to the families and the loss to your children is devastating and… twitter.com/i/web/status/1…

@NewsNation @BanfieldonNN @NewsNationComms Clarification about Kohberger's choice not to enter a plea at the arraignment.

"That is Mr. Kohberger's right...if a defendant refuses to plea, the court must allow an entry of a plea of not guilty. That is not unusual."

@NewsNation @BanfieldonNN @NewsNationComms Mr. Shannon Gray (Goncalves family attorney) now speaking to the court. He thanks the judge for apologizing about mispronouncing victim's names.

He now is explaining the background of his motion. This all goes back to January 2023 non-dissemination order from the court.

Gray says that he never received clarification or transcriptions from previous orders from the court about disseminating information. It has led to some confusion about who can say what and when, particularly for the Goncalves family.

1st Non-dissemination order: Parties to the… twitter.com/i/web/status/1…

Gray seeking clarification on what it means to be "involved" in the case.

Judge says case law makes clear that attorneys representing witnesses can be restricted to some degree because they have access to particular information that should not be shared with the public.

Judge says Gray's clients will potentially be witnesses when Kohberger's criminal trial begins.

Gray says "potentially" being witnesses isn't good enough reason to stop free speech.

Judge clarifies that Gray's clients (the Goncalves family) is not being limited by this gag order in any way. Gray now arguing for his own right to free speech.

Gray says he is in disbelief that the prosecutors office is not in agreement about his motion.

Mr. Gray: "I have not seen a poorer line of communication in my 22 years of practicing between the prosecutors office and the Goncalves family."

Judge: "One of the issues is that this is potentially a death penalty case...The families of the victims would certainly be witnesses..."

"I have a job of protecting and preserving the 1st amendment and also the 6th amendment. And there is some balancing there. That's why… twitter.com/i/web/status/1…

Now Gray saying that this gag order has prevented his clients from having any access to the facts of the case. Judge seems surprised by this statement. Says he is learning new information and that everyone will have a chance to speak.

Mr. Gray has made his case. The State will now have a chance to share their beliefs on the motion.

Latah County Prosocutor Bill Thompson: "We have a duty of candor to the court. Mr. Gray has made representations to the court that are at best misleading... I do not want the… twitter.com/i/web/status/1…

Kohberger's legal team now speaking. Attorney is going through previous case law. Kohberger is looking straight ahead. He could be listening intently, but he appears to be focusing on a single point in front of him.

"At minimum, it is insincere that he is being bound by the order when it is clearly not being abided by." -- attorney making the point that Mr. Gray and the Goncalves family have made many media appearances since January.

Attorney making the point that the rights to a fair trial for Kohberger will be compromised by pre-trial publicity.

"The order is an appropriate measure of the court to uphold its duty... to preserve the right to a fair and impartial trial."

Kohberger attorney asks the court to uphold the non-dissemination order or tailor it with specificity.

2nd Kohberger attorney now speaking. It is defense's position that anyone involved in this case is involved in the litigation. That goes for Goncalves family and attorney.

Kohberger Attorney on pre-trial publicity: "It seems that no matter what anybody says or does, in some way, it will be twisted against my client."

Mr. Gray now gets a chance to make counterpoints now that we've heard from pros. & defense.

Gray says that he is not participating in front of the courts and is not a party to the case, therefore the non-dissemination order should not apply to him.

Mr. Gray: "This idea that [the Goncalves family is] going to be witnesses in this case is just an attempt by the prosecution to shut them up as well as shut me up."

The judge says he is not going to issue a decision today. He will issue a written decision. The gag order remains in place for now.

"I heard some very interesting arguments today... I will try to get a decision out as soon as possible."
#IdahoFour #BryanKohberger

That's it for now!

Liveshots beginning soon for @NewsNation amidst the chaos of breaking news with the Trump indictment.

I'll be live tweeting again during the second Kohberger hearing beginning at 4:30ET.