Court Filing
NO. 125 Α.Μ. FILED P.M. JAN 15 2025 IN THE DISTRICT COURT OF THE FOURTH TRENT TRIPPLE, Clerk JUDICIAL DISTRICT OF THENA MEYER STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA DEPUTY STATE OF IDAHO, CASE NUMBER CR01-24-31665 Plaintiff, V. SEALED PROTECTIVE ORDER BRYAN C. KOHBGERGER, Defendant. Pursuant to Idaho Rule of Criminal Procedure 17, IT IS HEREBY ORDERED as follows: 1. That this Protective Order shall govern the designation, disclosure and use of medical and mental health records of the Defendant and his family members disclosed to the State by the defense. 2. In this Protective Order, the term " Protected Information " shall mean the medical and mental health records of the Defendant and his family members disclosed by the defense outlined in Exhibit A to their 1st Supplemental Response to Discovery filed with the Court on 1/9/25. 3. Access shall be limited to direct review by the prosecuting attorneys assigned to this case and any further dissemination of the referenced Protected Information shall be prohibited other than to the extent necessary for the prosecuting attorneys to prepare for court proceedings including hearings, trial and sentencing, further stipulation of the parties or order of the court. SEALED PROTECTIVE ORDER Page 1 4. The referenced protected information shall not be talked about, or any specifics given during court proceedings including hearings, trial and sentencing unless specifically agreed upon by the parties or permitted by the Court. 5. The prosecuting attorneys shall not produce any of the Protected Information to any unauthorized person (s). 6. It shall be the duty and responsibility of the assigned prosecuting attorneys to ensure that documents or things containing Protected Information subject to their control shall at all times be kept in a safe and secure fashion to ensure that such information is not disclosed to or made accessible to persons other than those specifically authorized to review Protected Information under this Protective Order. The assigned prosecuting attorneys shall be directly responsible to the court for fulfilling this responsibility. 7. The inadvertent or unintended disclosure, including those persons authorized to view the information, of Protected Information shall not be deemed a waiver in whole or in part of a subsequent claim of protection under this Protective Order, either as to the specific information disclosed or as to any other such information, provided that the inadvertent or unintended disclosure is promptly identified by the assigned prosecuting attorneys and notice of the claim of protection is given to the Defense. 8. Upon final termination of this action, whether by settlement, dismissal or other disposition, the provisions of the Protective Order shall continue to be binding upon all persons or entities who are subject to the terms hereof, and the court shall retain Sith jurisdiction for enforcement of this order 9. The defense and the prosecuting attorneys may request modification of this Protective Order upon a showing of good cause. SEALED PROTECTIVE ORDER Page 2 This Protective Order is sealed to protect the privacy of the information. The information subject to this Protective Order is confidential in nature and not appropriate for public disclosure at this time. SO ORDERED 1-14-2 STEVEN J. HIPPLER DISTRICT JUDGE CLERK'S CERTIFICATE OF SERVICE I hereby certify that 15th a true day and of January correct, copy 2025 of addressed the foregoing to: was personally served as indicated below on the Latah County Prosecuting Attorney -via Email: paservice@latahcountyid.gov Anne Taylor Law, PLLC-via Email: info@annetaylorlaw.com Elisa Massoth, Attorney at Law – via Email: emassoth@kmrs.net Jay Logsdon-Via Email: jay.logsdon@spd.idaho.gov Jeffery Nye, Deputy Attorney General – via email: Jeff.nye@ag.idaho.gov ミラ DIS A SEALED PROTECTIVE ORDER Page 3