Bryan Kohberger case leak could lead to excluded evidence, Idaho attorney warns

An Idaho-based lawyer said she thinks Judge Steven Hippler volition "absolutely" clasp prosecutors and instrumentality enforcement accountable aft delicate accusation astir the Bryan Kohberger quadruple execution lawsuit was leaked.

A TV occurrence astir the murders of 4 University of Idaho students was aired connected May 9 and featured caller cellphone records, surveillance video, hunt records and more. Kohberger is accused of killing Xana Kernodle, 20, Kaylee Goncalves, 21, Madison Mogen, 21, and Ethan Chapin, 20.

New accusation astir the murders was shared during the May 9 NBC "Dateline" program, which included surveillance video from a adjacent house. The surveillance video showed a car akin to Kohberger's that was successful the country of the King Road location respective times conscionable earlier the 4 students were killed. 

The programme besides claimed that FBI cellphone operation information showed that Kohberger's cellphone pinged astir a twelve times to a operation that provides sum to an country wrong 100 feet of 1122 King Road, wherever helium allegedly killed the 4 students.

JUDGE SAYS GAG ORDER 'LIKELY' VIOLATED IN BRYAN KOHBERGER'S IDAHO MURDER CASE

Bryan Kohberger enters the courtroom astatine the Latah County Courthouse successful Moscow, Idaho connected Friday, Aug. 18, 2023. Kohberger is accused of sidesplitting 4 University of Idaho students successful November 2022.  (August Frank/ Lewiston Tribune)

Edwina Elcox, a transgression defence lawyer successful Boise, Idaho, told Fox News Digital she thinks Hippler is taking the leak precise seriously.

"I deliberation prosecutors/law enforcement volition perfectly beryllium held accountable," Elcox said, noting she has worked connected cases with Hippler arsenic the judge.

Elcox said she "absolutely" thinks it's imaginable for grounds presented during the TV occurrence to beryllium excluded successful court.

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"Can you ideate if the remedy for this was each that grounds being excluded?" Elcox said. "I ABSOLUTELY deliberation that is successful the realm of remedies."

"Not lone should it ne'er person happened nether immoderate circumstances, determination was the gag order," she added.

Hippler said Thursday successful an bid that the court's gag bid was "likely" violated by idiosyncratic who, astatine 1 point, was associated with either instrumentality enforcement oregon the prosecution team.

JUDGE RULES DEATH PENALTY TO REMAIN AS POSSIBLE PUNISHMENT AMID BRYAN KOHBERGER AUTISM DIAGNOSIS

Ethan Chapin, Kaylee Goncalves, Madison Mogen and Xana Kernodle, who were stabbed to decease Nov. 13. (Fox News)

Hippler ordered anyone who worked with either instrumentality enforcement oregon prosecutors connected this lawsuit to clasp each communications and information relating to the execution investigation. 

"Such violations not lone undermine the regularisation of law, perchance by persons charged with upholding it, but besides importantly impede the quality to spot an impartial assemblage and volition apt substantially summation the outgo to beryllium borne by the taxpayers of Latah County to prosecute this lawsuit by extending the clip it volition instrumentality to spot a assemblage and perchance requiring lengthy play of juror sequestration," Hippler wrote.

Hippler besides said he's unfastened to appointing a peculiar authoritative who'd analyse wherever the leak came from, but hasn't yet made a decision. He gave a seven-day deadline to prosecutors, who were ordered to taxable a list, connected camera, of each individuals wrong law enforcement and the prosecuting agencies that person entree to the accusation shared during the episode.

Idaho Statesman Investigative Reporter Kevin Fixler told Fox News' "America Reports" helium was amazed erstwhile the "Dateline" occurrence aired.

"I person been connected this lawsuit since virtually time one, and this was a surprise. A batch of this accusation that was released conscionable 2 and a fractional months earlier trial. So we're trying to amended recognize wherever that came from," Fixler said. 

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Forensic adept and Jacksonville State University Professor Joseph Scott Morgan told Fox News Digital there's a hazard that the TV occurrence connected Kohberger volition taint the assemblage pool.

"I deliberation the archetypal spot you person to look is the tainting of the pool, of the assemblage pool," Morgan said. "Progressively, it becomes much and much hard due to the fact that radical signifier opinions, they enactment things retired determination that are not true, and you inactive person yet to prime a jury. And it's not similar you're going to Manhattan. You're talking astir Ada County, Idaho. You person a constricted excavation of imaginable jurors there."

"They request to find retired who's wrong that investigative bubble that would merchandise each of this integer information due to the fact that you're talking astir a copious amount, not conscionable a caller video that we're seeing that had ne'er been seen before," Morgan added.

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Bryan Kohberger enters the courtroom for his arraignment proceeding successful Latah County District Court, May 22, 2023 successful Moscow, Idaho. Kohberger is accused of sidesplitting 4 University of Idaho students successful November 2022.  (Zach Wilkinson-Pool/Getty Images)

Morgan said the leak mightiness person the biggest interaction if Kohberger decides to record an appeal, aft a assemblage hands down a decision.

"Afterwards, if successful information [Kohberger] is recovered guilty, his attorneys are going to person a tract time with worldly similar this," helium said.

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Bryan Kohberger looks connected portion successful the courtroom astatine the Latah County Courthouse successful Moscow, Idaho connected Friday, Aug. 18, 2023. Kohberger is accused of sidesplitting 4 University of Idaho students successful November 2022.  (August Frank/ Lewiston Tribune)

Former Assistant U.S. Attorney Neama Rahmani told Fox News Digital helium doesn't deliberation the leak volition person overmuch of an interaction connected the case.

"People should travel tribunal orders, but this is much bluster than thing and I don’t deliberation overmuch volition travel of it. This is what happens erstwhile you person a precise wide gag bid and it takes 3.5 years to yet get a execution lawsuit to trial. It’s not realistic to expect grounds not being leaked to the media for years successful the biggest execution proceedings successful the country," Rahmani said.