How media can negatively affect high-profile cases like Bryan Kohberger’s

TWIN FALLS, Idaho (KMVT/KSVT) — Back in August, defendant Bryan Kohberger filed a motion to remove cameras from the courtroom. Since then, a coalition of media outlets filed two motions to intervene in the case, but they were denied.

Given the high-profile nature of the case and concerns surrounding Kohberger’s fundamental right to a fair trial, Judge John C. Judge also placed a GAG order on the case to ensure that no one can discuss or interfere.

KMVT recently sat down with Jordan Gross, a law professor from the University of Idaho, to discuss how media coverage has and could continue to negatively affect high-profile cases like Kohberger’s.

“We do have the phenomena where cases are vetted and dissected in the media way before trial. Our particular system approach to this is we put our stock in the voir dire process, the jury selection process because that’s what’s really the concern is, it’s not that everybody is exposed to documentaries and media information, we’re worried about the potential infestation of the jury box, preconceived notions coming into the jury box,” said Gross.

Professor Gross said there is a theory the state of Idaho goes by when questioning whether media has gone too far with its reporting and how it effects people chosen for jury. It can potentially lead to a long thorough selection with questionnaires to decide who to be in the jury.

“If the media is reporting on a particular case pervasively and in a very negative way, and not on an even-handed balance way, what that can do is taint the jury pool and create a situation where you have people in your jury who have been so influenced by pretrial publicity that they can no longer be fair and impartial,” said Gross.

Kohberger’s trial has been postponed indefinitely at this time. Judge John C. Judge is limiting public access to the case through only live stream on the Latah County Court’s YouTube Channel.

KMVT understands the irony of media covering media coverage of court cases. We in no way want to affect the outcome of any trial. With current cases ongoing, we thought it would be interesting for you to know and discuss.

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