Motion to be Heard as Interested Parties and to Unseal

Electronically Filed
7/14/2025 5:46 PM

Fourth Judicial District, Ada County Trent Tripple, Clerk of the Court
By: Chynae Hull, Deputy Clerk Wendy J. Olson, Bar No. 7634 wendy.olson@stoel.com Cory M. Carone, Bar No. 11422 cory.carone@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 AND MOTION

BRYAN C. KOHBERGER, TO UNSEAL RECORDS

Defendant.

AMERICAN BROADCASTING

COMPANIES, INC., D / B / A / ABC NEWS;

THE ASSOCIATED PRESS; BONNER

COUNTY DAILY BEE; CBS NEWS; CNN;

COWLES PUBLISHING, D / B / A / THE

SPOKESMAN-REVIEW; COEUR D'ALENE

PRESS; DAILY MAIL;

EASTIDAHONEWS.COM, LLC, D / B / A /

EAST IDAHO NEWS; FOX NEWS; IDAHO

PRESS CLUB; ION MEDIA NETWORKS,

LLC, D / B / A / COURT TV; KXLY;

LEWISTON TRIBUNE / TPC HOLDINGS

INC.; MOSCOW-PULLMAN DAILY

MOTION TO BE HEARD AS INTERESTED PARTIES AND MOTION TO UNSEAL
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NEWS / TPC HOLDINGS INC.; SCRIPPS

MEDIA, INC., D / B / A / KIVI-TV; SOCIETY

OF PROFESSIONAL JOURNALISTS;

STATES NEWSROOM, D / B / A / IDAНО

CAPITAL SUN; TEGNA; THE MCCLATCHY

COMPANY, LLC, D / B / A / THE IDAHO

STATESMAN; THE NEW YORK TIMES

COMPANY; NBC NEWS; NEWSNATION;

and UNIVERSITY OF IDAHO STUDENT
MEDIA / THE ARGONAUT,

Interested Parties.

On July 2, 2025, Brian Kohberger pled guilty to the murders of four University of Idaho students and to one count of burglary. Mr. Kohberger's plea sharply changed the Sixth Amendment fair trial / First Amendment balance in this case and has rendered the primary justification for sealing records in this case moot. Indeed, the infringement on the First Amendment rights of the media and public through the voluminous sealing of records in this case is no longer justifiable, nor does it comport with Idaho Court Administrative Rule 32.

Rule 32 expressly allows for a " non-part [y] whose rights are affected by or who otherwise have a right to access information contained in a court file, may move to unseal records in a case file. " I.C.A.R. 32 (i) (1). Accordingly, a coalition of media organizations (the “ Media Coalition " ¹), as interested parties, respectfully move this Court for leave to file their Motion to 1 The Media Coalition includes: American Broadcasting Companies, Inc., d / b / a / ABC News; The Associated Press; Bonner County Daily Bee; Cable News Network Inc., d / b / a / CNN; CBS News;
Cowles Publishing, d / b / a / The Spokesman-Review; Coeur d'Alene Press; Daily Mail;
EastIdahoNews.com, LLC, d / b / a / East Idaho News; FOX News; Idaho Press Club; Ion Media Networks, LLC, d / b / a / Court TV; KXLY; Lewiston Tribune / TPC Holdings Inc.; Moscow-Pullman Daily News / TPC Holdings Inc.; Scripps Media, Inc., d / b / a / KIVI-TV; Society of Professional Journalists; States Newsroom, d / b / a / Idaho Capital Sun; TEGNA; The McClatchy Company, LLC, d / b / a / The Idaho Statesman; The New York Times Company; NBC News; NewsNation;
University of Idaho Student Media / The Argonaut; and LawNewz, Inc, d / b / a Law & Crime. The Media Coalition here is largely made up of the same media organizations that were allowed to previously intervene regarding other issues related to media access.

MOTION TO BE HEARD AS INTERESTED PARTIES AND MOTION TO UNSEAL
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Unseal Records. See id.; see also The Associated Press v. Second Jud. Dist., 172 Idaho 113, 121, 529 P.3d 1259, 1267 (2023) (“ [B] oth 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. ”). The Media Coalition further requests the opportunity to present oral argument on this issue at the Court's earliest available opening.2 This Motion is supported by the accompanying memorandum and the Declaration of Rebecca Boone in Support of Motion to be Heard and Unseal Records.

DATED: July 14, 2025 STOEL RIVES LLP / s / Wendy J. Olson Wendy J. Olson Cory M. Carone Anders Pedersen Attorneys for Interested Parties 2 There is currently a hearing set for another Media Coalition motion on Thursday, July 17, 2025.

The Media Coalition recognizes that this is a different motion even though it involves overlapping issues and will likely require its own separate hearing. If the Court deems it proper, however, the Media Coalition will be prepared to discuss this motion during the July 17 hearing.

MOTION TO BE HEARD AS INTERESTED PARTIES AND MOTION TO UNSEAL
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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on July 14, 2025, I served a true and correct copy of the within and foregoing MOTION TO BE HEARD AS INTERESTED PARTIES AND MOTION TO UNSEAL RECORD upon the following named parties by the method indicated below, and addressed to the following:
William W. Thompson, Jr. Hand Delivered Prosecuting Attorney Via Facsimile Ashley Jennings U.S. Mail Senior Deputy Prosecuting Attorney Via email Joshua D. Hurwit X Via iCourt efile & serve at:
Special Deputy Prosecuting Attorney paservice@latahcountyid.gov Latah County Prosecutor's Office Anne C. Taylor Hand Delivered Anne Taylor Law, PLLC Via Facsimile U.S. Mail Via email X Via iCourt efile & serve at:
info@annetaylorlaw.com Jeffrey D. Nye Hand Delivered Special Assistant Attorney General Via Facsimile Madison Allen U.S. Mail Special Assistant Attorney General X Via email Via iCourt efile & serve at:
jeff.nye@ag.idaho.gov madison.allen@ag.idaho.gov Jay W. Logsdon Hand Delivered Idaho State Public Defender's Office Via Facsimile First District Public Defender U.S. Mail Via email X Via iCourt efile & serve at:
jay.logsdon@spd.idaho.gov Elisa G. Massoth Hand Delivered Elisa G. Massoth, PLLC Via Facsimile U.S. Mail Via email X Via iCourt efile & serve at:
emassoth@kmrs.net
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Bicka Barlow Hand Delivered Pro Hac Vice Via Facsimile U.S. Mail Via email X Via iCourt efile & serve at:
bickabarlow@sbcglobal.net / s / Wendy J. Olson Wendy J. Olson
MOTION TO BE HEARD AS INTERESTED PARTIES AND MOTION TO UNSEAL
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