State Response to Motion to Remove Cameras

Electronically Filed
9/6/2023 10:21 AM

Second Judicial District, Latah County Julie Fry, Clerk of the Court
By: Tamzen Reeves, Deputy Clerk
LATAH COUNTY PROSECUTOR'S OFFICE

WILLIAM W. THOMPSON, JR.

PROSECUTING ATTORNEY

Latah County Courthouse P.O. Box 8068 Moscow, Idaho 83843-0568 (208) 883-2246 ISB No. 2613 paservice@latahcountyid.gov
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 No. CR29-22-2805 Plaintiff,
STATE'S RESPONSE TO

DEFENDANT'S “ MOTION TO

REMOVE CAMERAS FROM THE

COURTROOM "

V.

BRYAN C. KOHBERGER

Defendant.

COMES NOW the State of Idaho, by and through the Latah County Prosecuting Attorney, and respectfully submits the following response to the Defendant's " Motion to Remove Cameras from the Courtroom " filed herein on August 24, 2023.

As the Court and the parties, including intervenors, are aware, this case has and continues to attract significant public and media attention involving not only traditional media, but also a broad range of social media-related posting, blogs, podcasts, and other disseminations, etc. This case also involves significant physical and emotional components
STATE'S RESPONSE TO DEFENDANT'S

" MOTION TO REMOVE CAMERAS

FROM THE COURTROOM " 1

not only by virtue of the nature of the killings themselves, but also by the myriad circumstances surrounding the victims, their associates, friends, family, the residents at 1122 King Road, and so forth.

This case will necessarily involve not only evidence of a graphic nature, but also testimony from a number of young and vulnerable witnesses. These include the surviving roommates of Madison Mogen, Kaylee Goncalves, Ethan Chapin, and Xana Kernodle, and also a number of University of Idaho coeds and families and friends. In addition to, and at least partially as a result of, the substantial traditional and social media coverage, certain witnesses have already been subjected to threats and harassment, including physical intrusions, directed at not only the witnesses and other University coeds, but their extended families and friends.

The State fully understands the enormous value that responsible media has in helping the public to understand the true facts of what occurs in court. The State believes, however, that those ends can be accomplished without the need for camera / video images, or the physical presence of cameras in the courtroom.

Based on the above, the State is concerned that allowing the presence of cameras in the courtroom will have a substantial chilling effect on the ability of witnesses to openly, fully and candidly testify about some horrible occurrences. In addition, the State has a responsibility to take steps to ensure a fair trial for all involved.

Judge Boyce's decision in Vallow Daybell, attached to the State's June 6, 2023, Brief on Video and Photographic Coverage, provides a thorough examination of the issues before
STATE'S RESPONSE TO DEFENDANT'S

" MOTION TO REMOVE CAMERAS

FROM THE COURTROOM " 2

the Court. The State reiterates those same concerns, including the issue of jurors accessing the broadcasts and seeing evidence which has not been put in front of them and witnesses potentially viewing the broadcasted testimony of prior witnesses.

The State respectfully submits that the appropriate course of action would be for the court to prohibit cameras in the courtroom, both still and video, at a minimum during trial and during any other court proceedings at which victims such as described above might be called to testify.

6 RESPECTFULLY SUBMITTED this day of September) 2023.

William W. Thompson, Jr.

Prosecuting Attorney
STATE'S RESPONSE TO DEFENDANT'S

" MOTION TO REMOVE CAMERAS

FROM THE COURTROOM " 3

CERTIFICATE OF DELIVERY

I hereby certify that a true and correct copy of the foregoing STATE'S RESPONSE
TO DEFENDANT'S “ MOTION TO REMOVE CAMERAS FROM THE COURTROOM "
was delivered to the following as indicated:
Anne Taylor Mailed Attorney at Law E-filed & Served / E-mailed PO Box 9000 Faxed Coeur D Alene, ID 83816-9000 Hand Delivered Dated this 6th day of September, 2023.

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STATE'S RESPONSE TO DEFENDANT'S

" MOTION TO REMOVE CAMERAS

FROM THE COURTROOM " 4