A prominent Idaho defense attorney says the recent leak of sensitive information in the high-profile Bryan Kohberger murder case could carry serious legal consequences—including the potential exclusion of evidence.
Boise-based criminal defense lawyer Edwina Elcox believes Judge Steven Hippler will take decisive action following the broadcast of new details on NBC’s Dateline, which aired on May 9 and revealed previously undisclosed evidence connected to the University of Idaho quadruple homicide.
Kohberger is accused of murdering four students—Xana Kernodle, 20, Kaylee Goncalves, 21, Madison Mogen, 21, and Ethan Chapin, 20—at a residence on King Road in Moscow, Idaho.
The Dateline episode unveiled surveillance footage showing a vehicle similar to Kohberger’s near the crime scene multiple times prior to the murders. It also cited FBI cellphone tower data, reportedly placing Kohberger’s phone near the residence on at least a dozen occasions.
The airing of such material—months ahead of the trial—has drawn concern from legal experts, especially given the strict gag order in place. Judge Hippler recently stated that the order had “likely” been violated by someone previously associated with law enforcement or the prosecution.
“I think prosecutors and law enforcement will absolutely be held accountable,” Elcox told Fox News Digital. “Not only should this never have happened, but the gag order made it expressly prohibited.”
Elcox emphasized that a significant legal remedy could be on the table: “Can you imagine if the consequence is that all this evidence gets excluded? I absolutely think that’s within the realm of possibility.”
In response to the leak, Judge Hippler has ordered anyone involved with the case to preserve all communications and data related to the investigation. He warned that such violations not only jeopardize the integrity of the legal process but may also complicate jury selection and significantly increase the trial’s cost to Latah County taxpayers.
“The rule of law is undermined when individuals tasked with upholding it potentially breach it,” Hippler wrote. “This also threatens our ability to seat an impartial jury and could extend the duration and expense of the trial.”
Hippler has not ruled out appointing a special prosecutor to investigate the leak and has given the prosecution one week to submit an on-camera list of every individual with access to the leaked materials.
The timing and substance of the leak caught even veteran journalists off guard. Kevin Fixler, an investigative reporter with the Idaho Statesman, expressed surprise on Fox News, stating, “I’ve been covering this case since day one, and this was a surprise. A lot of this information came out just two and a half months before trial.”
Forensic expert Joseph Scott Morgan, a professor at Jacksonville State University, raised additional concerns about the impact on jury impartiality.
“The greatest risk right now is the tainting of the jury pool,” Morgan said. “This isn’t Manhattan—it’s Ada County, Idaho. You have a limited pool of jurors, and exposure to pretrial information makes it increasingly difficult to ensure a fair trial.”
Morgan warned that the leak could also provide Kohberger’s defense team with ammunition for a potential appeal. “If he’s convicted, they’ll have a field day with this,” he said.
Still, not all legal analysts see the leak as a game-changer. Former Assistant U.S. Attorney Neama Rahmani downplayed the long-term impact.
“People should follow court orders, but this seems more like bluster,” Rahmani told Fox News Digital. “It’s unrealistic to expect zero leaks over the course of three-and-a-half years in a case of this magnitude.”
As Kohberger’s trial approaches, the courts now face the dual challenge of managing the legal fallout from the leak while safeguarding the fairness of what may become one of the most closely watched murder trials in recent memory.
