Every time a criminal case is finalized, records become releasable under Idaho’s Public Records Act, with a few exceptions.
But when that happened in Bryan Kohberger’s criminal case the records, including crime scene photos, were plastered on news outlets, social media pages dedicated to the case and in true crime videos and posts.
The attorney representing two of the victims’ families argued Thursday that the unusually high-profile nature of the case should be considered in the judge’s decision on whether the release of crime scene photos — even blurred — is an “unwarranted invasion” of both the victims and their families.
Leander James sued the city of Moscow on behalf of members of Madison Mogen and Ethan Chapin’s families asking to bar the release of any images or videos showing the students’ bedrooms, the murder scene and personal property after nearly 200 images were released by the city to KTVB through a public records request.
The other two students who were killed were Mogen’s childhood best friend Kaylee Goncalves and Chapin’s girlfriend, Xana Kernodle. The three women lived together with two other roommates, who went unharmed in the attack at their home off the University of Idaho campus.
James’ clients were victimized in two ways, he said. First, they were victimized when their children and siblings were murdered, James said, calling it “tragic.” They were victimized again when the images were released, he told the judge.
“I am not implying, and I do not mean to imply, that the city had any intention to victimize these people,” he said. “I do not think that, and my clients remain grateful to the Moscow Police Department for everything it’s done.”
Second Judicial District Judge Megan Marshall issued a temporary restraining order that barred the city’s release of any images, audio or video depicting the inside of Mogen’s bedroom earlier this month. It was amended to include all of the students’ bedrooms Thursday, which the city decided not to release during the lawsuit.
Marshall said she’ll take the arguments under advisement and issue a written ruling.
“I think we are really looking at the death scene images — whether or not those should be released,” she said just before concluding the hourlong hearing. “And if so, to the extent of which, whether they’re blurred or otherwise redacted what that is going to look like, so as not to cross the threshold of the unwarranted invasion that’s being asserted.”
Only a handful of the photos were initially publicized by KTVB, but in the weeks after, dozens of other news outlets published more photos.
“They’re now out there everywhere,” James added.
Andrew Puskal, a Lewiston-based civil attorney representing the city, said he agreed that there was no reason for anyone else to see the images. He sympathized with the victims’ families and understood their distress from the release of the images.
But those photos were public records, and the city has a duty to release them upon request, Puskal said. Cities don’t get to ask why someone wants a record or vet the request. The city’s just the “man in the middle,” he said.
“If there were an option set forth in the statute that allowed these records to be fired into orbit into the sun … we would just as soon not release these records,” Puskal said. “Nobody gets them. These are harrowing images. This was a horrific crime.”
He added that when it comes to releasing sensitive records, the city had to balance the public’s right to know with information that’s considered an invasion of privacy.
But James said images showing blood and other personal information was a privacy violation, adding that it’s even more relevant because of the “unique” nature of the case.
Because the killings have garnered worldwide attention from not only the public but the “true crime phenomena,” James argued, this case is different, which is something the judge should consider.
“What more do we need to know?” he said. “The autopsy reports, for whatever reason, are already out there. If you want to know how many times each child was stabbed, just go read the autopsy reports. They’re circulating everywhere. If you want to know how gory the scene was, you can read all that.”
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