Court Filing
Electronically Filed 7/3/2025 7:37 PM 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 Cory M. Carone 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. DECLARATION OF REBECCA BOONE IN SUPPORT OF MOTION ΤΟ BRYAN C. KOHBERGER, BE HEARD AS INTERESTED PARTIES AND VACATE NONDISSEMINATION Defendant. ORDER 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 NEWS / TPC HOLDINGS DECLARATION OF REBECCA BOONE IN SUPPORT OF MOTION TO BE HEARD AS INTERESTED PARTIES AND VACATE NONDISSEMINATION ORDER-1 129511913.2 0099999-00006 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; and UNIVERSITY OF IDAHO STUDENT MEDIA / THE ARGONAUT, Interested Parties. I, Rebecca Boone, declare and state as follows: 1. I am the supervisory correspondent for Idaho for the Associated Press. As such I have personal knowledge of the facts and statements contained in this declaration. 2. I have 26 years of journalism industry experience, much of that time has been spent covering the judicial branch and criminal justice issues. 3. I have reported on the November 13, 2022 deaths of four University of Idaho students, the subsequent criminal investigation and the arrest and prosecution of Bryan Kohberger. 4. I graduated from the University of Idaho with a bachelor's degree in journalism in 1999, and I covered the courts and law enforcement beat for The Lewiston Tribune before I joined The Associated Press in 2002 as a reporter in the Boise bureau. 5. In 2013, I was promoted to my current position of supervisory correspondent, tasked with leading AP's news coverage in Idaho. I have extensive experience covering criminal and civil litigation in state and federal courts. I was an Idaho Press Club board member from 2014 until 2023, when I stepped down due to time constraints. I am a longtime advisory board member of the University of Idaho's School of Journalism and Mass Media. I became a Loyola Law School Journalism Law School Fellow in 2012. I also regularly serve as a panelist for training DECLARATION OF REBECCA BOONE IN SUPPORT OF MOTION TO BE HEARD AS INTERESTED PARTIES AND VACATE NONDISSEMINATION ORDER-2 129511913.2 0099999-00006 programs offered to teachers and journalists through a partnership between the University of Idaho College of Law, the Idaho Supreme Court, and the U.S. District Court of Idaho. During those panels I typically train attendees on subjects including news literacy, how to access court documents, the ethics of covering the courts, how to incorporate the rule of law into press coverage and why press access to the judicial branch is vital for an informed citizenry. 6. High-profile criminal cases present unique challenges and unique opportunities. The Court has taken extensive and careful efforts to maintain Mr. Kohberger's right to a fair trial. Now that Mr. Kohberger has reached a plea deal with the state, and has pleaded guilty, those fair trial concerns are resolved, and the Court should lift the nondissemination order and increase transparency in this case. 7. We understand that the Court must balance the Sixth Amendment rights of the accused with the First Amendment interests of the media, which serves as a proxy for the public. We do not seek extraordinary access now. Rather, it is our hope that the Court will simply reweigh its balancing of Sixth Amendment and First Amendment rights now that a plea has been entered. 8. One of the most basic rules for fair reporting is to seek comment from the subjects of a news story. Offering subjects of news coverage the opportunity to comment, or to respond to criticism or allegations of wrongdoing, is a core part of most journalism codes of ethics, including the code of ethics used by the Society of Professional Journalists (https://www.spj.org/spj-codeof-ethics /). 9. Seeking comment and insight from the people closest to an event or a news story allows us to provide context, convey diversity of opinions, give voice to the voiceless and hold the powerful to account. Nondissemination orders strip journalists of a crucial tool for informing DECLARATION OF REBECCA BOONE IN SUPPORT OF MOTION TO BE HEARD AS INTERESTED PARTIES AND VACATE NONDISSEMINATION ORDER-3 129511913.2 0099999-00006 the public. They also are a disservice to those bound by the orders, preventing them from asking journalists for corrections or clarifications in their coverage, or from providing journalists with background information that can lead to more nuanced and complete coverage. 10. The nondissemination order in this case has not limited public interest or media coverage. Instead, it has only served to increase speculation and confusion. Now that Mr. Kohberger is pleading guilty, the Court should lift the nondissemination order to allow accurate, full and ethical reporting in this case. I declare under penalty of perjury under the laws of the State of Idaho that the foregoing is true and correct. DATED: July 3, 2025. / s / Rebecca Boone Rebecca Boone DECLARATION OF REBECCA BOONE IN SUPPORT OF MOTION TO BE HEARD AS INTERESTED PARTIES AND VACATE NONDISSEMINATION ORDER-4 129511913.2 0099999-00006 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 3rd day of July 2025, I served a true and correct copy of the within and foregoing DECLARATION OF REBECCA BOONE IN SUPPORT OF MOTION TO BE HEARD AS INTERESTED PARTIES AND VACATE NONDISSEMINATION ORDER 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 DECLARATION OF REBECCA BOONE IN SUPPORT OF MOTION TO BE HEARD AS INTERESTED PARTIES AND VACATE NONDISSEMINATION ORDER-5 129511913.2 0099999-00006 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 DECLARATION OF REBECCA BOONE IN SUPPORT OF MOTION TO BE HEARD AS INTERESTED PARTIES AND VACATE NONDISSEMINATION ORDER-6 129511913.2 0099999-00006