State Response to Grand Jury Motions

CLRK CASE

MAY BY

OF 30 SPON NO

DIST 2023,

CR

LATAH COUNTY PROSECUTOR'S OFFICE CT 29-22-2805

WILLIAM W. THOMPSON PM4

, JR.. DEPUTY

PROSECUTING ATTORNEY LATAH: 00

Latah County Courthouse P.O. Box 8068 Moscow, Idaho 83843-0568 (208) 883-2246 ISB No. 2613 paservice@latah.id.us
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,
STATE'S RESPONSE TO

V. DEFENDANT'S MOTIONS

REGARDING GRAND JURY

BRYAN C. KOHBERGER RECORD AND TRANSCRIPT

Defendant.

COMES NOW the State of Idaho, by and through the Latah County Prosecuting Attorney, and in response to the Defendant's " Motion to Make Available the Record of All Proceedings of the Grand Jury Pursuant to I.C.R. 6.2. " and " Motion Requesting Release of Grand Jury Materials Under Qualified Protective Order " respectfully submits the attached proposed " Order for Preparation and Release of Transcript and Record of Grand Jury Proceedings with Conditions. " A proposed Stipulation for such an order was provided to Defendant's counsel on May 25, 2023, and is being reviewed by them.

Respectfully submitted this 30 day of / May, 2023.

William W. Thompson, Jr.

Prosecuting Attorney
STATE'S RESPONSE TO DEFENDANT'S

MOTIONS REGARDING GRAND JURY

RECORD AND TRANSCRIPT: 1

CERTIFICATE OF DELIVERY

I hereby certify that true and correct copies of the STATE'S RESPONSE TO
DEFENDANT'S MOTIONS REGARDING GRAND JURY RECORD AND TRANSCRIPT
was served on the following in the manner indicated below:
Anne Taylor Mailed Attorney at Law X E-filed & Served / E-mailed PO Box 9000 Faxed Coeur d'Alene, ID 83816-9000 Hand Delivered Dated this 30 day of Mary 2023.

STATE'S RESPONSE TO DEFENDANT'S

MOTIONS REGARDING GRAND JURY

RECORD AND TRANSCRIPT: 2

IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH

STATE OF IDAHO,

Plaintiff, Case No. CR29-22-2805
V.

ORDER FOR PREPARATION AND

BRYAN CHRISTOPHER KOHBERGER, RELEASE OF TRANSCRIPT AND

RECORD OF GRAND JURY

Defendant. PROCEEDINGS WITH
CONDITIONS

The above matter having come before the court and good cause appearing:
IT IS HEREBY ORDERED, pursuant to Idaho Criminal Rules 6.2 (c) and 6.3 (c) as follows:
a. A transcript of the proceedings herein, except deliberations, will be prepared as contemplated by Idaho Criminal Rule 6.2;
b. A copy of the transcript and record will be provided to the State and the defense with the understanding that the same will remain confidential.

c. The Honorable Jay Gaskill, Senior District Judge presiding over the grand jury proceeding, having already issued a May 16, 2023, " Order Releasing Records and Proceedings Pursuant to Idaho Criminal Rule 6.3 (c), " the records and proceedings of the grand jury may also be shared by defense counsel with its investigators and retained experts with the provisions that those individuals shall not be allowed to further disclose any of the grand jury material.

ORDER FOR PREPARATION AND RELEASE OF

TRANSCRIPT AND RECORD OF GRAND

JURY PROCEEDINGS WITH CONDITIONS: 1

d. In order to protect the identities of the impaneled grand jurors, the disclosed record and transcript shall be redacted prior to being shared so as to remove any reference to grand jurors ' individual names.

e. Select portions of the grand jury record and transcript may also be shared with any witnesses who testified at the grand jury proceedings-but for each witness, only that portion of the redacted version of the transcript that contains his or her own testimony.

DATED

John C. Judge District Judge
ORDER FOR PREPARATION AND RELEASE OF

TRANSCRIPT AND RECORD OF GRAND

JURY PROCEEDINGS WITH CONDITIONS: 2

CERTIFICATE OF DELIVERY

I hereby certify that true and correct copies of the ORDER FOR PREPARATION AND
RELEASE OF TRANSCRIPT AND RECORD OF GRAND JURY PROCEEDINGS WITH
CONDITIONS were served on the following in the manner indicated below:
William W. Thompson, Jr. Mailed Latah County Prosecutor E-filed & Served / E-mailed P.O. Box 8068 Faxed Moscow, ID 83843 Hand Delivered paservice@latahcountyid.gov Jeff Nye Mailed Deputy Attorney General E-filed & Served / E-mailed P.O. Box 83720 Faxed Boise, ID 83720-0010 Hand Delivered jeff.nye@ag.idaho.gov Ingrid Batey Mailed Deputy Attorney General E-filed & Served / E-mailed P.O. Box 83720 Faxed Boise, ID 83720-0010 Hand Delivered ingrid.batey@ag.idaho.gov 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
JULIE FRY

Latah County Clerk of the Court By:
Deputy Clerk
ORDER FOR PREPARATION AND RELEASE OF

TRANSCRIPT AND RECORD OF GRAND

JURY PROCEEDINGS WITH CONDITIONS: 3