Court Filing
Electronically Filed 1/12/2024 4:22 PM Second Judicial District, Latah County Julie Fry, Clerk of the Court Anne C. Taylor, Public Defender By: Beth Mottern, Deputy Clerk Kootenai County Public Defender PO Box 9000 Coeur d'Alene, Idaho 83816 Phone: (208) 446-1700; Fax: (208) 446-1701 Bar Number: 5836 iCourt Email: pdfax@kcgov.us Elisa G. Massoth, PLLC Attorney at Law P.O. Box 1003 Payette, Idaho 83661 Phone: 208-642-3797; Fax: 208-642-3799 Assigned Attorney: Anne C. Taylor, Public Defender, Bar Number: 5836 Jay W. Logsdon, Chief Deputy Public Defender, Bar Number: 8759 Elisa G. Massoth, Attorney at Law, Bar Number: 5647 IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAН STATE OF IDAHO CASE NUMBER CR29-22-2805 Plaintiff, MOTION TO UNSEAL DEFENDANT'S MOTION TO RECONSIDER ORDERS V. DEYING MOTIONS TO DISMISS THE INDICTMENT AND IN THE BRYAN C. KOHBERGER, ALTERNATIVE FOR PERMISSIONS TO APPEAL FROM INTERLOCUTORY Defendant. ORDERS COMES NOW, Bryan C. Kohberger, by and through his attorney, Anne C. Taylor, Public Defender, and hereby moves the Court for an Order to unseal the Defendant's Motion to Reconsider Orders Denying Motions to Dismiss Indictment and in the Alternative for Permission to Appeal from Interlocutory Orders and a Stay of Proceedings filed with the court on 12/21/23, and the State's Objection to this Motion that was filed with court on 1/5/24. MOTION TO UNSEAL DEFENDANT'S MOTION TO RECONSIDER ORDERS DEYING MOTIONS TO DISMISS THE INDICTMENT AND IN THE ALTERNATIVE FOR PERMISSIONS TO APPEAL FROM INTERLOCUTORY ORDERS Page 1 This motion is made on the grounds that the pleadings and hearing thereon do not need to be sealed. Previous motions related to the grand jury proceedings were properly sealed pursuant to ICAR 32, Idaho Criminal Rule 6 and the Court's order relating to Grand Jury proceedings. The pending proceedings, brought by motion and supported by pleadings do not meet the language of the rule. The issues for the court to decide are procedural and legal and do not delve into areas covered by rule and order. Mr. Kohberger sought sealing of his filings solely based on email communications with the Latah County Prosecutor's office stating they wanted the filings sealed. The deadline for Mr. Kohberger's motion was eminent; thus in an abundance of caution the Defense filed a motion to seal. Counsel for Mr. Kohberger informed the Latah County Prosecutor's office a motion to unseal was forthcoming. Mr. Kohberger moves the court to unseal the proceedings and filings on the basis that these filings and proceedings are not covered within ICAR 32. Mr. Kohberger acknowledges the right of the public to be fully informed of the issues. Mr. Kohberger has a right for the rule to apply as it is written rather than disadvantage him with items remaining sealed that are not within the scope of ICAR 32. DATED this 12 day of January, 2024. ANNE C. TAYLOR, PUBLIC DEFENDER ΚΟΟΤΕΝΑI COUNTY PUBLIC DEFENDER an BY: ANNE TAYLOR PUBLIC DEFENDER MOTION TO UNSEAL DEFENDANT'S MOTION TO RECONSIDER ORDERS DEYING MOTIONS TO DISMISS THE INDICTMENT AND IN THE ALTERNATIVE FOR PERMISSIONS TO APPEAL FROM INTERLOCUTORY ORDERS Page 2 CERTIFICATE OF DELIVERY I hereby certify that a true and correct copy of the foregoing was personally served as indicated below on the 12 day of January, 2024 addressed to: Latah County Prosecuting Attorney –via Email: paservice@latahcountyid.gov Elisa Massoth – via Email: legalassistant@kmrs.net Dul MOTION TO UNSEAL DEFENDANT'S MOTION TO RECONSIDER ORDERS DEYING MOTIONS TO DISMISS THE INDICTMENT AND IN THE ALTERNATIVE FOR PERMISSIONS TO APPEAL FROM INTERLOCUTORY ORDERS Page 3