Idaho Supreme Court rules against news outlets, upholds gag order in Moscow homicides case

The Idaho Supreme Court ruled Monday against the petition filed by more than two dozen media outlets, including the Idaho Statesman, that challenged the broad gag order issued by the judge overseeing the case against Moscow homicides suspect Bryan Kohberger.

By unanimous decision, the justices ruled the petitioners had established the necessary standing to file their claim, but that they should have first filed the complaint with Judge Megan Marshall’s Latah County District Court before bringing it before the state’s Supreme Court.

“Petitioners have forgotten that we are ‘the court of last resort in Idaho’– not the court of first resort,” the opinion, signed by Justice Gregory W. Moeller with the four other Idaho justices concurring.

The ruling dismisses the media outlets’ attempt to vacate the gag order, which went into effect on Jan. 3, barring attorneys for the defense and prosecution, and members of law enforcement from commenting about the case outside of court documents. On Jan. 18, Marshall expanded the nondissemination order to include attorneys for all witnesses, victims or family of the victims.