Looking for Bryan Kohberger leaker — investigation heats up — what was the motivation?

The Ada County Sheriff's Office is conducting an active criminal investigation to identify who leaked sensitive information from the Bryan Kohberger murder case to Dateline NBC. This probe continues almost a year after the initial leak, which included surveillance video of Kohberger's car and personal photos, despite a strict gag order.

Kevin Fixler, an investigative reporter for the Idaho Statesman, confirmed through his sources that the investigation is 'very, very active' and criminal in nature. This was corroborated by two former defense experts and an attorney representing victims' families who were contacted by investigators.

The leaked information, which became public before Kohberger's plea deal, created a significant legal challenge. The defense argued it jeopardized Kohberger's constitutional right to a fair trial, potentially providing grounds for future appeals. One victim's father, Steve Gonzalez, believes the leak was a major distraction that ultimately pushed the case towards a plea deal, an outcome he and his family opposed.

Host Brian Entin noted that after the leak, Kohberger's defense attorney, Anne Taylor, claimed he could 'never get a fair trial.' Kevin Fixler elaborated that this created a 'potential appeal down the road' based on constitutional rights. Fixler also quoted Steve Gonzalez, who 'really felt this upended the case in some ways and it was a distraction that that ultimately led to the plea deal, which was something he and his family did not want.'

The investigation faces considerable hurdles in identifying the leaker due to the large number of individuals with access to the information and the ethical obligation of reporters to protect their sources. Furthermore, the legal definition of a gag order violation is nuanced; if the leak originated from someone not directly affiliated with the case but who received information second-hand, they might not be subject to the order.

Kevin Fixler stated it would be 'really hard to investigate' given 'hundreds of people maybe that had access.' He also explained, 'it's not even clear that it was a violation of the gag order... what if this is somebody who was not tied to the case and just had access to this?' He provided a hypothetical scenario of an FBI agent's relative leaking the information.

Brent Turvy, a forensic scientist who worked with the defense team, refused to speak with leak investigators, citing confidentiality, despite his lead attorney's permission. This refusal highlights the complex ethical landscape for experts in high-profile cases, especially when their actions are scrutinized by both legal teams and the public.

Fixler reported that Brent Turvy 'declined despite the fact that Anne Taylor Cobberger's lead attorney actually told him hey it's okay to participate and he told me that he had no interest in that because he felt it would violate a confidentiality agreement that he maintains with uh the defense.' Anne Taylor later issued a public statement accusing Turvy of violating his confidentiality agreement by speaking to the press and contributing to a book.