An Idaho-based attorney said she believes Judge Steven Hippler will "absolutely" "put prosecutors and law enforcement accountable and responsible for Bryan Kohberger's sensitive information.
A TV show about the murders of four students at the University of Idaho aired on May 9 and features new cell phone records, surveillance videos, search records, and more. Kohberger is Accused of killing someone Kernoe Goncalves,
New information about the murder was shared in the May 9 NBC’s “Dateline” program, which includes surveillance videos of nearby homes. Surveillance footage shows a car similar to Kohberger, which was in the King Road House area several times before four students were killed.
The program also claims that FBI cell phone data showed Kohberger's phone hit nearly twelve times on a tower that can cover 100 feet of 1122 King Road, where he allegedly killed four students.
Bryan Kohberger said
Bryan Kohberger entered the courtroom at the Lata County Courthouse in Moscow, Idaho on Friday, August 18, 2023. (August Frank/Lewiston Tribune)
Edwina Elcox, a criminal defense attorney in Boise, Idaho, told Fox News Digital that she believes Hippler attaches great importance to leaks.
"I think the prosecutor/law enforcement will absolutely be responsible," Elcox said.
Elcox said she "absolutely" believes that the evidence presented on the TV show could be excluded from court.
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“Can you imagine if there is any evidence left out?” Elcox said. “I definitely think it’s in remedy.”
She added: “Not only shouldn’t happen under any circumstances, but there are also gag orders.”
Shippler said in an order Thursday that the court's gag order "maybe" been "possible" from people connected to law enforcement or prosecution teams.
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Ethan Chapin, Kaylee Goncalves, Madison Mogen and Xana Kernodle, who were stabbed to death on November 13. (Fox News)
Shippler ordered anyone working with law enforcement or prosecutors to retain all communications and data related to the murder investigation.
“This violation not only undermines the possibility of the person responsible for maintaining it, but it can also greatly hinder the ability to place a fair jury and could significantly increase the costs borne by Lata County taxpayers to prosecute the case to extend the time for jury and potential jury.
Shippler also said he was willing to appoint a special prosecutor who investigated the source of the leak but had not yet made a decision. He gave a seven-day deadline and the prosecutor was ordered to submit a list of all individuals on the camera law enforcement and procuratorial agencies that can access shared information in this set.
Kevin Fixler, an investigative journalist for Idaho politician, told Fox News' America Reports that he was surprised when the episode "Dateline" aired.
"It's surprising, literally, that's what I've been doing in this situation. A lot of this information was released just two and a half months before the trial. So we're trying to better understand where it comes from."
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Forensic expert and Jacksonville State University professor Joseph Scott Morgan told Fox News Digital that there is a risk that the TV series on Kohberger would pollute the jury’s pool.
“I think the first place you’re going to look at is the squeeze of the pool in the jury pool,” Morgan said. “It’s getting harder and harder because people form opinions and they put things out, but you still haven’t selected the jury yet. And, that’s not to say you’re going to Manhattan.
"They need to find out who posted all this digital data in the survey bubble, because you're talking about a lot of numbers, not just new videos we've seen," Morgan added.
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Bryan Kohberger entered the court for a trial hearing at the Lata County District Court in Moscow, Idaho on May 22, 2023. Kohberger is accused of killing four University of Idaho students in November 2022. (Zach Wilkinson-Pool/Getty Images)
Morgan said the leak could have the biggest impact if Koberg decides after the jury decides.
"Afterward, if (Kohberger) is actually convicted, his lawyer will have an on-site event with something like this," he said.
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Bryan Kohberger looked in court in Lata County Court in Moscow, Idaho on Friday, August 18, 2023. (August Frank/Lewiston Tribune)
Former U.S. Attorney Neama Rahmani told Fox News Digital that he doesn't think the leak will have a big impact on the case.
"People should follow the orders of the court, which is more clumsy than anything, and I don't think it will happen. This is what happens when you have a very widespread gag order and it will eventually take 3.5 years to get a murder trial. It's unrealistic to expect evidence to not leak to the media in the country's biggest murders," Rahmani said.