Court Filing
Electronically Filed 4/26/2024 11:57 AM Second Judicial District, Latah County Julie Fry, Clerk of the Court Anne C. Taylor, Public Defender By: Tamzen Reeves, 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 LATAH STATE OF IDAHO CASE NUMBER CR29-22-2805 Plaintiff, OBJECTION TO STATE'S MOTION ΤΟ CLOSE HEARING (S) PURSUANT TO V. I.C.A.R. 32 (G) AND PROPOSED SCHEDULING ORDER BRYAN C. KOHBERGER, Defendant. COMES NOW, Bryan C. Kohberger, by and through his attorneys of record, and hereby objects to the State's motion to close the hearing to compel on May 14, 2024. The grounds are that Mr. Kohberger has a Constitutional right to a fair and public trial. No reason exists to prevent him from a public pre-trial proceeding; a proceeding to ensure fairness and access to the State's information. Further, the State has made no showing that the hearing should be closed under I.A.R. 32. There is simply no legitimate reason that a motion to compel discovery should be shielded from the public. The process of sealing is being abused by the State and its law OBJECTION TO STATE'S MOTION TO CLOSE HEARING (S) PURSUANT TO I.C.A.R. 32 (G) AND PROPOSED SCHEDULING ORDER Page 1 enforcement agents; including the FBI to hide how discovery is being withheld in this case. Testimony and argument on information sought by Mr. Kohberger does not meet the narrow scope of what the State can shield from public view. (Idaho Court Administrative Rule 32) Not only is there no authority to protect the FBI, other law enforcement agents, and the State in this matter, this request to deny Mr. Kohberger an open hearing is a clear violation of his right to a public trial. See Weaver v. Massachusetts, 582 U.S. 286, 296 (2017); Waller v. Georgia, 467 U.S. 39 (1984) (sealing of Motion to Suppress to protect privacy of witnesses was error requiring remand for new, public hearing), State v. Ingraham, 172 Idaho 30 (2013); U.S. Const. amend. 6; Idaho Const. Art. I Sec. 13. See also, Cowles Pub. Co. v. Magistrate Court of the First Judicial Dist., 118 Idaho 753 (1990). The State has failed to provide all the requested items that were asked for in the Defense's Supplemental Requests for Discovery to support the charges against Mr. Kohberger, thus the Defense has had to file its Fourth and Fifth Motions to Compel. It is not lost on Mr. Kohberger that the State is asking for a scheduling order to obtain information from the defense to be used in support of our Motions to Compel the State's discovery. However, Mr. Kohberger suggests a dual deadline for both the prosecution and defense to file notice of witnesses, exhibits, expert reports, or other evidence relied upon at the Fourth and Fifth Motions to Compel by May 7, 2024. Response disclosures by both parties should be due May 10, 2024. DATED this 26 day of April, 2024. ANNE C. TAYLOR, PUBLIC DEFENDER ΚΟΟΤΕΝΑI COUNTY PUBLIC DEFENDER an BY: ANNE TAYLOR PUBLIC DEFENDER OBJECTION TO STATE'S MOTION TO CLOSE HEARING (S) PURSUANT TO I.C.A.R. 32 (G) AND PROPOSED SCHEDULING ORDER 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 26 day of April, 2024 addressed to: Latah County Prosecuting Attorney -via Email: paservice@latahcountyid.gov Elisa Massoth – via Email: legalassistant@kmrs.net Dul OBJECTION TO STATE'S MOTION TO CLOSE HEARING (S) PURSUANT TO I.C.A.R. 32 (G) AND PROPOSED SCHEDULING ORDER Page 3