Court Filing
CASE NO CR 29-22-2805 2024 25:00 CLERK OF DISTRICT COUR p.m. LATAH COUNTE al BY DEPUTY IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAН STATE OF IDAHO,) ) Case No. CR29-22-2805 Plaintiff,) ORDER GRANTING STATE'S VS.) MOTION TO CLOSE MAY 14, 2024, ) HEARING ) BRYAN C. KOHBERGER,) ) Defendant.) ) For the reasons articulated on the record during the May 2, 2024, hearing, the Court orders the hearing on Defendant's 4th and 5th motions to compel set for May 14, 2024, be sealed to protect the parties ' right to a fair trial. During the hearing, it is anticipated that the parties will discuss specific items of discovery that may or may not be admissible at trial. The disclosure of such evidence to the public at this stage of the case is not appropriate and may prejudice the jury pool. Further, the parties have stipulated that all attachments to discovery requests and responses be filed under seal pursuant to I.C.A.R. 32 (i) (2) (D) and (E) and I.C. §74-124 (1) (b) and (c) because “ 1) the documents contain facts or statements that might threaten or endanger the life or safety of individuals, 2) it is necessary to preserve the right to a fair trial, and 3) disclosure would constitute an unwarranted invasion of personal privacy. " The hearing on May 14, 2024, will deal directly with various attachments to discovery requests and responses that are sealed. If issues arise that should not be sealed and should be addressed at a public hearing, the Court will hold a separate open hearing at a future date to ensure the victims ' families have prior notice and an opportunity to be present at any open hearing. The hearing on May 14, 2024, will not at any time be open to the public to ORDER GRANTING STATE'S MOTION TO CLOSE MAY 14, 2024, HEARING-1 ensure the victims ' families are afforded every right under Article I, Section 22, of the Idaho Constitution. DATED this 2 day of May 2024. John C. Judge District Judge CERTIFICATE OF SERVICE I certify that copies of the ORDER GRANTING STATE'S MOTION TO CLOSE MAY 14, 2024, HEARING were delivered by email to: William W. Thompson, Jr. Latah County Prosecuting Attorney Paservice@latah.id.us Jeffery Nye Deputy Attorney General Jeff.nye@ag.idaho.gov Ingrid Batey Deputy Attorney General Ingrid.batey@ag.idaho.gov Anne C. Taylor and Jay Logsdon Attorneys for Defendant pdfax@kcgov.us Elisa C. Massoth Attorney for Defendant emassoth@kmrs.net on this day of May 2024. CLERK OF THE COURT Midter By: Deputy Clerk ORDER GRANTING STATE'S MOTION TO CLOSE MAY 14, 2024, HEARING-2