This proceeding revolves around the gag order and the restrictions it places on the news outlets who want to cover the case. A coalition of media outlets believe the gag order restricts first amendment rights.
Bryan Kohberger is once again in attendance, wearing the same suit and tie he was wearing earlier. He is sitting beside some of his legal team.
Interestingly, one of Kohberger's attorneys, Bradley Rudley, is sitting at the same table as Latah County Prosecutor Bill Thompson.… twitter.com/i/web/status/1…
The defense says it has two witnesses that they want to comment on the media coverage.
One is a media consultant to discuss the amount of coverage, the consistency of the coverage and the substance of the coverage.
I need to issue a correction. Bradley Rudley is the chief civil deputy prosecuting attorney for the Latah County Prosecutors Office. He was sitting on the side of the defense in the earlier hearing, leading me to believe he represented Kohberger. My mistake.
Judge commenting on the speculation and misinformation that existed prior to Kohberger's arrest. Saying this case has had widespread attention from the beginning. Saying there are only two parties here who can protect the 6th amendment -- pros. & defense.
Lawyer representing the media coalition says she understands why the parties are concerned about Kohberger's 6th amendment rights to a fair trial. But argues there are other tools the court has, beyond the "over-broad" non-dissemination order, that can ensure that.
Coalition attorney arguing about the public's interest to ensure they are following the case & discovering how the judicial process works. Essentially maintaining transparency that can only be done by a free and fair press.
"There has to be prejudicial pre-trial publicity, publicity that could prejudice Kohberger's right to a fair trial."
"There is no reason to believe that publicity in general is prejudicial... but some of the things that people are hearing may not be all that flattering to the… twitter.com/i/web/status/1…
Judge is entertaining the idea of tailoring the gag order to be more specific about who must adhere to the order.
The coalition's motion is to completely vacate the order because they feel it's overly broad, as is. But the coalition's lawyer is saying there could be compromise… twitter.com/i/web/status/1…
The media coalition objects to having the defense's witnesses testify today. But the Judge says he will allow the testimony and give the coalition an opportunity to cross-examine.
Judge: "This is not the same world as it was 10 years ago or 5 years ago. And it is troubling for the media - the ethical, hardworking media - and the information that is swirling around in the world. I don't know what the answer is, but it is a serious threat to a fair trial and… twitter.com/i/web/status/1…
Coalition: "I would urge you to make [the gag order] as narrow as possible so the actual facts can be relayed to the members of the media."
Coalition making the case that this is all about educating the public. These are tragic events that has impacted everyone, especially those in Idaho. There is a large appetite for people who want to understand the proceedings and get accurate information.
Judge argues that there isn't enough reporting about how the judicial process plays out to ensure a fair trial. Commends local press for explaining how the process works, but blames national outlets for sensationalizing the story.
Coalition predicts this criminal trial is still two years out due to all the planning and legal processes the defense will have to go through. Keep in mind, at this moment, the trial is scheduled to begin Oct. 2023.
The defense will call its first witness, Ms. Jean Saucier. She works for Truescope, a global media monitoring and measurement company, providing media intelligence data. She is appearing via Zoom and has been sworn in.
Her company provides data to corporations and organizations, non-profits and for-profits, to show what is being written and communicated about them and the projects they are working on.
Those companies then use that data to show return-on-investment and craft new messages.
Truescope was asked to monitor content of all media types surrounding the Kohberger case. Saucier used that data to create a graph which is now being entered as an exhibit to the court.
We are now viewing the presentation created by Truescope. It covers all media coverage on the #IdahoFour murder case from Nov. 13, 2022 to June 6, 2023.
Between those dates, there were 46,000 aggregated total of media hits across all platforms.
Now looking at a line graph over same period of time.
Potential impressions peaked in January 2023 (indicating a significant event happening, like Kohberger's arrest), but then drops in May 2023 (indicating that stories were still being written, but public was less interested).
Now looking at chart that shows the "share of voice" of authority figures who have commented on #BryanKohberger case.
Moscow Police have the highest volume, meaning they were featured or quoted the most.
Now looking at a similar chart of "non-authority figures" and "media coverage."
Media coverage includes Shannon Gray (Goncalves attorney), Rebecca Boone (Associated Press) and @CoffindafferFBI (former law enforcement official).
@CoffindafferFBI The coalition is now cross-examining the witness. I sadly have to step out of the courtroom for liveshots. I don't think I will be allowed back in. Will try to give an update of the outcome when I can.
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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