Stipulation for Protective Order

Filed: 06/06/2023 16:24:46 Second Judicial District, Latah County Julie Fry, Clerk of the Court
By: Deputy Clerk-Reeves, Tamzen
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@latah.id.us
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,
STIPULATION FOR

PROTECTIVE ORDER

V.

BRYAN C. KOHBERGER

Defendant.

COME NOW the above-named parties, by and through their undersigned attorneys, and hereby stipulation to the entry of a protective order pursuant to Idaho Criminal Rule 16 (1) as follows:
This protective order pertains to records obtained from the University of Idaho during the course of the investigation of this case. Those records fall into two categories:
1. Records pertaining to Madison Mogen, Kaylee Goncalves, Ethan Chapin and Xana Kernodle.

2. Records from the University of Idaho pertaining to other individuals including students, faculty and staff, and records from the University of Idaho's Office of Civil Rights Investigation (OCRI).

STIPULATION FOR PROTECTIVE ORDER: 1

By way of background, the records of the University of Idaho are protected by various federal and state laws including the Family Educational Rights and Privacy Act (FERPA) as well as various state personal information privacy protections. The State has been advised by legal counsel for the University of Idaho that FERPA protections do not survive the death of the subject individual. Consequently, FERPA issues in this case do not apply to University of Idaho records regarding Madison Mogen, Kaylee Goncalves, Ethan Chapin and Xana Kernodle. However, other personal privacy protections remain including " protected information " as defined in Idaho Criminal Rule 16 (d) (1). The State will redact that information in accordance with Idaho Criminal Rule 16 (d) and the parties will comply with the protections afforded by said rule.

As to University of Idaho records other than those pertaining to Madison Mogen, Kaylee Goncalves, Ethan Chapin and Xana Kernodle, the parties stipulate to the entry of a protective order limiting access of those records to direct review by defense counsel and with the provision that any further dissemination or use of those records would be prohibited absent a specific court order or further stipulation of the parties. The parties recognize that further dissemination or use may require redaction or compliance with FERPA mandates for notice to the subject persons prior to their dissemination or use.

St day of June, 2023.

Respectfully submitted this William W. Thompson, Jr. Anne Taylor Prosecuting Attorney Attorney for Defendant
STIPULATION FOR PROTECTIVE ORDER: 2