Court Filing
Electronically Filed 9/8/2023 2:36 PM Second Judicial District, Latah County Julie Fry, Clerk of the Court By: Tamzen Reeves, Deputy Clerk Wendy J. Olson, Bar No. 7634 wendy.olson@stoel.com Cory M. Carone, Bar No. 11422 cory.carone@stoel.com STOEL RIVES LLP 101 S. Capitol Boulevard, Suite 1900 Boise, ID 83702 Telephone: 208.389.9000 Facsimile: 208.389.9040 Attorneys for Intervenors IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH STATE OF IDAHO, Plaintiff, Case No. CR29-22-2805 V. Declaration of Grace Wong in Support of Intervenors ' Opposition to Motion to BRYAN C. KOHBERGER, Remove Cameras from the Courtroom Defendant. THE ASSOCIATED PRESS; RADIO TELEVISION DIGITAL NEWS ASSOCIATION; SINCLAIR MEDIA OF BOISE, LLC / KBOI-TV (BOISE); STATES NEWSROOM DBA IDAHO CAPITAL SUN; TEGNA INC./KREM (SPOKANE), KTVB (BOISE) AND KING (SEATTLE); EASTIDAHONEWS.COM; THE LEWISTON TRIBUNE; WASHINGTON STATE ASSOCIATION OF BROADCASTERS; IDAHO PRESS CLUB; IDAHO EDUCATION NEWS; KXLY-TV / 4 NEWS NOW AND KAPP / KVEW-TV — MORGAN MURPHY MEDIA KXLY-TV / 4 NEWS NOW; SCRIPPS MEDIA, INC., DBA KIVI-TV, A DELAWARE Declaration of Grace Wong in Support of Intervenors ' Opposition to Motion to Remove Cameras from the Courtroom-1 120806461.1 0080406-00001 CORPORATION; THE SPOKESMAN- REVIEW / COWLES COMPANY; THE NEW YORK TIMES COMPANY; LAWNEWZ, INC.; ABC, INC.; WP COMPANY LLC, DBA THE WASHINGTON POST; SOCIETY OF PROFESSIONAL JOURNALISTS; THE MCCLATCHY COMPANY, LLC; THE SEATTLE TIMES; and CNN, Intervenors. 1. I am the Senior Director of Courtroom Coverage for Court TV. 2. I have worked for Court TV for more than 20 years collectively the last 5 years since it was relaunched in 2018. 3. Court TV regularly provides camera coverage of trials around the country, filming gavel to gavel, while complying with each jurisdiction and judge's unique rules for access. 4. Court TV's professionalism has led to expanded camera access in courtrooms that have historically been closed to cameras. 5. For example, in Minnesota v. Derek Chauvin, the Minneapolis police officer convicted of murdering George Floyd, The Honorable Peter Cahill permitted live broadcasting with 3 cameras and multiple microphones, even though Minnesota restricted camera access. 6. Judge Cahill imposed a ban on showing prospective and deliberating jurors, put restrictions on showing victim's family members and minors without permission, and barred filming the defendant without his lawyer and prosecutors also in the frame. 7. Court TV served as pool, offering our feed to dozens of media organizations, and broadcast the trial to a global audience. 8. Live coverage of Chauvin's trial was widely viewed as a success, as there were no violations by Court TV of the media order during the nearly seven-week trial. Declaration of Grace Wong in Support of Intervenors ' Opposition to Motion to Remove Cameras from the Courtroom-2 120806461.1 0080406-00001 9. The Minnesota Supreme Court, despite recommendations by its own advisory committee to maintain the status quo, moved to change its rules governing access and expanded audiovisual coverage of criminal trials. 10. In Court TV's more than 30-year history of covering trials, I am unaware of any mistrials resulting from camera coverage. 11. Indeed, some of the highest publicity trials have led to acquittals. 12. Court TV served as pool for Casey Anthony's capital murder trial in Orlando, Florida, one of the most publicized criminal trials in my recollection at Court TV. 13. Even in the face of daily national press coverage widely publicizing her pretrial and trial, Ms. Anthony was acquitted. 14. Similarly, in Wisconsin v. Kyle Rittenhouse, the teenager accused of fatally shooting two protesters and wounding a third was acquitted of murder and attempted murder, with Court TV providing camera coverage prior to and during the trial. 15. In Ohio v. Dr. William Husel, one of the biggest murder cases in state history, an Ohio Doctor charged with 14 murders for overdosing his patients with fentanyl was acquitted. Court TV and numerous other outlets provided live coverage of the trial. 16. In Florida v. Travis Rudolph, the ex-NFL player was acquitted of first-degree murder and three counts of attempted murder in a shooting that occurred during a confrontation at his home, Court TV and numerous other outlets provided live coverage of the trial. 17. In Florida v. Curtis Reeves, the retired police captain was acquitted of murder for shooting to death a man who threw popcorn at him in a movie theater, with Court TV providing camera coverage prior to and during the trial. Declaration of Grace Wong in Support of Intervenors ' Opposition to Motion to Remove Cameras from the Courtroom-3 120806461.1 0080406-00001 18. In Ohio v. Skyler Richardson, the teen cheerleader was acquitted of murder in the death of her newborn daughter whom she burned and buried in her backyard, with Court TV providing camera coverage prior to and during the trial. 19. In Florida v. George Zimmerman, it was more than a year before Neighborhood Watch volunteer George Zimmerman went to trial in a case that garnered months of intense publicity. He was acquitted of murder for shooting unarmed 17-year-old Trayvon Martin, with Court TV providing camera coverage prior to and during the trial. 20. In California v. OJ Simpson, one of Court TV's first trials, Simpson was found not guilty in the murders of his estranged wife and her friend, with Court TV providing camera coverage prior to and during the trial. 21. In New York v. Boss et al., four NYPD police officers were acquitted for shooting an African American immigrant 19 times after they mistook his wallet for a gun, with Court TV providing camera coverage prior to and during the trial. 22. In Kentucky v. Brett Hankison, Hanksison was acquitted of 3 counts of wanton endangerment in the botched raid that killed Breonna Taylor. Taylor was killed on March 13, 2020. The trial was in March 2022 nearly 2 years after her death, with Court TV providing camera coverage prior to and during the trial. 23. Court TV provided pool coverage of Jodi Arias ' capital murder trial. In that case the jury could not reach unanimity on the death penalty. Court TV did not cover her second trial, in which the jury was asked to consider only punishment. The jury once again could not reach a unanimous verdict for death, and she was sentenced to life in prison. The Arias case received wide publicity before and after her trials, her case spawned countless articles, books, movies, and several documentaries. Declaration of Grace Wong in Support of Intervenors ' Opposition to Motion to Remove Cameras from the Courtroom-4 120806461.1 0080406-00001 24. Court TV covered the death penalty phase in the case against Nikolas Cruz, the mass shooter at Marjory Stoneman Douglas High School in Parkland Florida. Cruz pleaded guilty to 17 counts of murder, and 17 counts of attempted murder. The jury in that case could not reach unanimity for death and he was sentenced to life. Court TV assisted with pool coverage and provided live coverage of the sentencing phase. 25. In this proceeding, Court TV's pool coverage of the August 18 hearing included testimony from witnesses, the judge's rulings, and attorney arguments, and Kohberger in context as part of the entire hearing. 26. Court TV did film some closeups of Kohberger, as well as closeups of the judge and attorneys when speaking, consistent with the judge's order not to focus solely on the defendant. 27. It is Court TV policy to comply with all court orders in every proceeding and Court TV has followed its policy in this case as well. 28. Court TV can adjust coverage to comply with highly specific courtroom requirements that can address many concerns without eliminating cameras in the courts. I declare under penalty of perjury under the laws of the United States of America and the State of Idaho that the foregoing is true and correct. DATED: September 8, 2023. / s / Grace Wong Grace Wong Declaration of Grace Wong in Support of Intervenors ' Opposition to Motion to Remove Cameras from the Courtroom-5 120806461.1 0080406-00001 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 8th day of September 2023, I served a true and correct copy of the within and foregoing upon the following named parties by the method indicated below, and addressed to the following: Latah County Prosecutor's Office Hand Delivered William W. Thompson, Jr. Via Facsimile Prosecuting Attorney U.S. Mail Latah County Courthouse Via email P.O. Box 8068 X Via iCourt efile & serve at: Moscow, ID 83843 paservice@latahcountyid.gov Anne Taylor Hand Delivered Attorney at Law Via Facsimile P.O. Box 9000 U.S. Mail Coeur d'Alene, ID 83816 ✗ Via email at ataylor@kcgov.us X Via iCourt efile & serve at: pdfax@kcgov.us Jeff Nye Hand Delivered Ingrid Batey Via Facsimile Deputy Attorney General U.S. Mail P.O. Box 83720 ✗ Via email at jeff.nye@ag.idaho.gov Boise, ID 83720 ingrid.batey@ag.idaho.gov Via iCourt efile & serve at: Shanon Gray Hand Delivered 2175 N. Mountain View Road Via Facsimile Moscow, ID 83843 U.S. Mail Via email X Via iCourt efile & serve at: shanon@graylaw.org Elisa G. Massoth, PLLC Hand Delivered Attorney at Law Via Facsimile P.O. Box 1003 U.S. Mail Payette, ID 83661 ✗ Via email at emassoth@kmrs.net X Via iCourt efile & serve at: emassoth@kmrs.net / s / Wendy J. Olson Wendy J. Olson Declaration of Grace Wong in Support of Intervenors ' Opposition to Motion to Remove Cameras from the Courtroom-6 120806461.1 0080406-00001