Court Filing
Electronically Filed
1/21/2025 7:59 AM
Fourth Judicial District, Ada County Trent Tripple, Clerk of the Court
By: Jennifer Keyes, Deputy Clerk WENDY J. OLSON, Bar No. 7634 wendy.olson@stoel.com ANDERS PEDERSEN, Bar No. 11626 anders.pedersen@stoel.com
STOEL RIVES LLP
101 S. Capitol Boulevard, Suite 1900 Boise, ID 83702
Telephone: 208.389.9000
Facsimile: 208.389.9040 Attorneys for Interested Parties
IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA
STATE OF IDAHO,
Plaintiff, Case No. CR01-24-31665
V. MOTION TO BE HEARD AS
INTERESTED PARTIES
BRYAN C. KOHBERGER,
Defendant.
AMERICAN BROADCASTING
COMPANIES, INC., d / b / a ABC NEWS; THE
ASSOCIATED PRESS; RADIO
TELEVISION DIGITAL NEWS
ASSOCIATION; TEGNA INC./KREM
(SPOKANE), KTVB (BOISE) AND KING
(SEATTLE); KXLY-TV / 4 NEWS NOW AND
KAPP / KVEW-TV-MORGAN MURPHY
MEDIA; SCRIPPS MEDIA, INC., d / b / a KIVI-
TV, A DELAWARE CORPORATION; THE
SPOKESMAN-REVIEW / COWLES
COMPANY; LAWNEWZ, INC.; WP
COMPANY LLC, DBA THE WASHINGTON
POST; SOCIETY OF PROFESSIONAL
JOURNALISTS; THE SEATTLE TIMES;
RADIO TELEVISION DIGITAL NEWS
MOTION TO BE HEARD AS INTERESTED PARTIES-1
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ASSOCIATION; and THE NEW YORK
TIMES COMPANY,
Interested Parties.
On January 15, 2024, this Court issued a Notice of Hearing and Order Regarding January 21, 2025 Hearing. In that Order, the Court set a “ closed / sealed " hearing to (1) hear the Defense Motion to Unseal materials related to its request to suppress evidence stemming from the use of IGG DNA, and (2) consider what portions, if any, and under what circumstances, should the various motions set to be heard on January 23rd and January 24th be open to the public. While the Court's Order setting the Tuesday hearing unambiguously closed the hearing to the public (and thus, the press), it did not make any specific findings as to the probability that the Defendant's right to a fair trial would be prejudiced, nor was any member of the public or press provided an opportunity to raise objections to the closure.
For the reasons set forth in the accompanying memorandum, American Broadcasting Companies, Inc. d / b / a ABC News, The Associated Press, Radio Television Digital News Association, TEGNA Inc./KREM (Spokane), KTVB (Boise) and KING (Seattle); KXLY-TV / 4 NEWS NOW and KAPP / KVEW-TV – Morgan Murphy Media; Scripps Media, Inc., d / b / a KIVI- TV, The Spokesman-Review / Cowles Company, LawNewz, Inc., WP Company d / b / a The Washington Post, the Society of Professional Journalists, The Seattle Times, Radio Television Digital News Association, and The New York Times (“ Interested Parties ”) respectfully move this Court for leave to present argument at or immediately before the January 21, 2025 hearing.
See The Associated Press v. Second Jud. Dist., 172 Idaho 113, 121, 529 P.3d 1259, 1267 (2023) (" both state and federal courts often permit the media to intervene in criminal cases on a limited basis or at least file a motion as interested parties in the defense of public access and free speech, including in Idaho. ”). In the alternative, the Interested Parties request an opportunity to
MOTION TO BE HEARD AS INTERESTED PARTIES-2
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be heard prior to the Court closing of any portions of the January 23 or 24, 2025 hearings to the public.
STOEL RIVES LLP
DATED: January 21, 2025 / s / Wendy J. Olson Wendy J. Olson Anders Pedersen Attorneys for Interested Parties
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 21st day of January 2025, I served a true and correct copy of the within and foregoing MOTION TO BE HEARD AS INTERESTED PARTIES upon the following named parties by the method indicated below, and addressed to the following:
William W. Thompson, Jr. Hand Delivered Ashley Jennings Via Facsimile Latah County Prosecuting Attorney U.S. Mail Via email X Via iCourt efile & serve at:
paservice@latah.id.us Jeffery Nye Hand Delivered Ingrid Batey Via Facsimile Deputy Attorney General U.S. Mail Jeff.nye@ag.idaho.gov Via email X Via iCourt efile & serve at:
Ingrid.batey@ag.idaho.gov Anne Taylor Hand Delivered Attorney for Defendant Via Facsimile U.S. Mail Via email X Via iCourt efile & serve at:
info@annetaylorlaw.com Elisa C. Massoth Hand Delivered Attorney for Defendant Via Facsimile U.S. Mail Via email X Via iCourt efile & serve at:
emassoth@kmrs.net Jay Logsdon Hand Delivered Kootenai County Public Defender Via Facsimile U.S. Mail Via email X Via iCourt efile & serve at:
jay.logsdon@spd.idaho.gov / s / Wendy J. Olson Wendy J. Olson
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