Motion to Close Hearings

Electronically Filed
4/23/2024 2:25 PM

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., ISB 2613

PROSECUTING ATTORNEY

ASHLEY JENNINGS, ISB 8491

SR. DEPUTY PROSECUTING ATTORNEY

Latah County Courthouse P.O. Box 8068 Moscow, ID 83843
Phone: (208) 883-2246 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,
V. MOTION TO CLOSE

HEARING (S) PURSUANT TO

BRYAN C. KOHBERGER I.C.A.R. 32 (g) AND REQUEST Defendant. FOR SCHEDULING ORDER COME NOW the State of Idaho, by and through the Latah County Prosecuting Attorney, requesting to close the May 14, 2024, hearing, regarding the Defendant's Fourth Motion to Compel, and any hearing to be set for the Defendant's Fifth Motion to Compel.

This motion is made pursuant to Idaho Court Administrative Rule 32 (g) and the likelihood that the State and the Defense could be prejudiced by discussion or dissemination of information that has been stipulated to be filed under seal (See “ Defendant's Motion to Seal Exhibit A Attached to Defendant's Fourth Motion to Compel ”; “ Order Sealing Exhibit A Attached to the Defendant's Fourth Motion Compel ”; “ Stipulated Motion to File Exhibit D
MOTION TO CLOSE HEARING (S)

PURSUANT TO I.C.A.R. 32 (g) AND
REQUEST FOR SCHEDULING ORDER 1

Attached to the Defendant's 5th Supplemental Request for Discovery Under Seal ”; “ Defense Request for Discovery ”; “ Order to File Defendant's Exhibit D Attached to the Defendant's 5th Supplemental Request or Discovery Under Seal ”; “ Motion to Temporarily Seal Exhibit 1 of State's Response to Defendant's Fourth Motion to Compel Discovery Pending Hearing. ") There exists a compelling interest at stake to preserve a fair trial; and no reasonable alternative exists but to conduct a closed hearing.

The State further motions the Court for a scheduling order setting May 3, 2024, for the Defendant to file any notice of witness (es), exhibit (s), expert report (s), or other evidence the Defendant intends to rely on for the hearings regarding their Fourth and / or Fifth Motions to Compel. The State requests that the Court afford the State an opportunity to respond to those initial disclosures and such responses should be filed by May 10, 2024.

Dated April 23, 2024.

asneups. gaminys Ashley S. Jennings Senior Deputy Prosecuting Attorney
MOTION TO CLOSE HEARING (S)

PURSUANT TO I.C.A.R. 32 (g) AND
REQUEST FOR SCHEDULING ORDER 2

CERTIFICATE OF DELIVERY

I hereby certify that true and correct copies of the MOTION TO CLOSE HEARING (S) PURSUANT TO I.C.A.R. 32 (g) AND REQUEST FOR SCHEDULING ORDER was served on the following in the manner indicated below:
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 23rd day of April, 2024.

C

MOTION TO CLOSE HEARING (S)

PURSUANT TO I.C.A.R. 32 (g) AND
REQUEST FOR SCHEDULING ORDER 3