Court Filing
Filed: 05/11/2023 09:31:06 Second Judicial District, Latah County Julie Fry, Clerk of the Court By: Deputy Clerk-Oliphant, Jennifer Anne C. Taylor, Public Defender Kootenai County Public Defender PO Box 9000 Coeur d'Alene, Idaho 83816 Phone: (208) 446-1700; Fax: (208) 446-1701 Bar Number: 5836 iCourt Email: pdfax@kcgov.us Elisa G. Massoth, PLLC Attorney at Law P.O. Box 1003 Payette, ID 83661 208-642-3797 Assigned Attorney: Anne C. Taylor, Public Defender, Bar Number: 5836 Jay Weston Logsdon, Chief Deputy Litigation, Bar Number: 8759 Elisa G. Massoth, Bar Number: 5647 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 NUMBER CR29-22-2805 Plaintiff, OBJECTION TO MOTION TO V. RECONSIDER ORDER DATED MAY 4, 2023 BRYAN C. KOHBERGER, Defendant. COMES NOW, Bryan C. Kohberger, by and through his attorney, Jay Weston Logsdon, Chief Deputy Litigation, and hereby objects to the Motion to Reconsider Order dated May 4, 2023, on the grounds that the Media's Motion to Vacate the Amended Nondissemination Order raises factual issues that Mr. Kohberger requires additional time to prepare. The Media argues in its Motion that it is " irreparably " harmed each day this Court's Amended Nondissemination Order remains in place. In essence, the Media argues that this OBJECTION TO MOTION ΤΟ RECONSIDER ORDER DATED MAY 4, 2023 Page-1 Court should grant a temporary injunction against its own injunction. It claims that this was the intent of the Supreme Court because it moved quickly to determine that its Petition for a Writ was filed in the wrong forum and using the wrong vehicle. What the Media fails to note is that the Supreme Court provided no such directive in its written decision. It also fails to note that the Petition for a Writ was a purely legal issue, whereas, as it has repeatedly argued, the basis for the entry or amendment of a nondissemination order is a question of law and fact. See, Memorandum in Support of Motion to Vacate the Amended Nondissemination Order, at * 12. The Media seems to be acting on the premise that the Order should simply vanish now that it has arrived on the scene. Instead, this Court has reasonably and correctly recognized that the proper path forward is a hearing where the parties may show what evidence there is of prejudice and the potential for prejudice to Mr. Kohberger's 6th and 14th amendment rights to a fair trial from the removal of the nondissemination order in this case. Because the media coverage of this case has been intense, and because Mr. Kohberger plans on providing expert testimony on its damaging effects, Mr. Kohberger will require additional time and will not be prepared for such a hearing on May 22, 2023. DATED this 10 day of May, 2023. ANNE C. TAYLOR, PUBLIC DEFENDER ΚΟΟΤΕΝΑI COUNTY PUBLIC DEFENDER Jay Lossder BY: JAY WESTON LOGSDON CHIEF DEPUTY LITIGATION ASSIGNED ATTORNEY OBJECTION TO MOTION ΤΟ RECONSIDER ORDER DATED MAY 4, 2023 Page-2 CERTIFICATE OF DELIVERY I hereby certify that a true and correct copy of the foregoing was personally served as indicated below on the 11 day of May, 2023 addressed to: Latah County Prosecuting Attorney -via iCourt: paservice@latahcountyid.gov Shannon Gray – via iCourt shanon@graylaw.org WENDY J. OLSON wendy.olson@stoel.com CORY M. CARONE cory.carone@stoel.com Dul OBJECTION ΤΟ ΜΟTION ΤΟ RECONSIDER ORDER DATED MAY 4, 2023 Page-3