Court Filing
Electronically Filed 4/26/2024 11:57 AM Second Judicial District, Latah County Julie Fry, Clerk of the Court By: Tamzen Reeves, Deputy Clerk Anne C. Taylor, Public Defender 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 PARTS OF IGG V. MATERIALS BRYAN C. KOHBERGER, Defendant. COMES NOW, Bryan C. Kohberger, by and through his attorneys of record, and hereby moves this Court to unseal the IGG materials sealed by this Courts Order signed on 12/29/23, except for the individuals on the family tree or found via the IGG, on the grounds that this information should be made public and does not meet the requirements for sealing under I.C.A.R. 32. This Court previously entered an Order allowing specific members of the defense team, including specific experts, access to review the IGG materials it ordered disclosed. The Court MOTION TO UNSEAL PARTS OF IGG MATERIALS Page 1 has indicated, during hearings, its concern was the privacy of individuals on the family tree. The Defense shares that concern, and takes no issue with it. The Defense does object to the sealing of the rest of the information that has been disclosed. There is simply no legitimate reason that the way the IGG procedures in the case took place should be shielded from the public. This Court provided no authority for sealing those materials. Most materials have been sealed in this case to protect the right to a fair trial. There is simply nothing unfairly prejudicial about the way in which IGG was carried about the State and its associates in this case. In point of fact, the way in which IGG occurred in this case has been made public in other cases. See, State v. Hartman, 534 P.3d 423, 438-39 (Wash.Ct.App.2023); Avi Selk, The Ingenious and ‘ Dystopian’Technique Police Used to Hunt the ‘ Golden Sate Killer ' Suspect, WASHINGTON POST (Apr. 28, 2018) (available at https://www.washingtonpost.com/news/true-crime/wp/2018/04/27/golden-state-killer-dnawebsite-gedmatch-was-used-to-identify-joseph-deangelo-as-suspect-police-say /). Aspects of the IGG investigation in this case have already been leaked. Heather Tal Murphy, How Police Actually Cracked the Idaho Killings Case, Slate (Jan. 10, 2023) (available at https://slate.com/technology/2023/01/bryan-kohberger-university-idaho-murders-forensicgenealogy.html). This Court's Order is being abused by the State and the FBI to hide how IGG was used in this case, because what the FBI did violated its own rules and the rights of privacy genetic genealogy companies have promised. Not only is there no authority to protect the FBI and the State in this matter, this refusal to permit Mr. Kohberger to expose this to the public 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 MOTION TO UNSEAL PARTS OF IGG MATERIALS Page 2 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). A hearing on this matter is requested if necessary. The hearing does not need to be sealed and is expected to take approximately thirty minutes. DATED this 26 day of April, 2024. ANNE C. TAYLOR, PUBLIC DEFENDER ΚΟΟΤΕΝΑI COUNTY PUBLIC DEFENDER Jay Lessdern BY: JAY WESTON LOGSDON CHIEF DEPUTY LITIGATION ASSIGNED ATTORNEY 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 MOTION TO UNSEAL PARTS OF IGG MATERIALS Page 3