Court Filing
Filed: 05/15/2025 14:13:55 Fourth Judicial District, Ada County Trent Tripple, Clerk of the Court By: Deputy Clerk-Waters, Renee 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, Ada County Case No. CR01-24-31665 V. DOCUMENT AND RECORDS HOLD BRYAN C. KOHBERGER, ORDER Defendant. Based on sensitive information not previously publicly circulated that was reported during a recent " Dateline " TV program related to this case¹ and the Defendant Bryan Kohberger, it appears likely that someone currently or formally associated with law enforcement, or the prosecution team, violated this Court's non-dissemination order. Such violations not only undermine the rule of law, potentially by persons charged with upholding it, but also significantly impede the ability to seat an impartial jury and will likely substantially increase the cost to be borne by the taxpayers of Latah County to prosecute this case by extending the time it will take to seat a jury and potentially requiring a lengthy period of juror sequestration. Accordingly, the Court finds it is imperative to attempt to see that the source of such leak is identified and held to account, and that doing so is the best deterrent to future violations. Accordingly, the Courts finds it appropriate to exercise its discretion by entering this Order. IT IS HEREBY ORDERED that all persons who at any time, past or present, worked directly or indirectly, by employment, contract, consultation or otherwise, for or on behalf of any law enforcement or prosecution agency engaged in the investigation or prosecution of persons for the murders that are the subject of the instant case, are hereby prohibited from deleting, discarding, overwriting, destroying, altering or otherwise making unavailable any (whether electronic or in material form) records, files, documents, metadata, messages, emails, text messages, direct or private messages, phone logs or logs of communications (regardless of whether made or kept on a work owned or personal account, device or messaging app) that in 1 " The Terrible Night on King Road " Dateline (NBC television broadcast May 9, 2025). any way relate to or document the fact or substance of communications with third persons, including representatives of the media, or other persons or entities outside of law enforcement, which communications in any way relate to, refer to, or concern the investigation of Bryan Kohberger, the facts or allegations uncovered or reported to law enforcement concerning Bryan Kohberger, or the investigation into the homicides that are the subject of the current or then potential criminal prosecution of Bryan Kohberger (collectively “ Documents ” or singularly a " Document "). All such Documents or materials or records that could potentially constitute a Document even if it is uncertain whether such meet that criteria-shall be preserved and must be protected from deletion, alteration or loss until further order of the Court. Any feature on any device or account that is set to automatically delete or overwrite information that could be covered by this Order must immediately be disabled. Seven 7 IT IS FURTHER ORDERED that within fourteen (14) days, the State shall submit to the Court, in camera, a list of all individuals within law enforcement and prosecuting agencies, past or present, who are known to have had access to any facts related to the investigation of Defendant, including but not limited to surveillance videos of " Suspect Vehicle One, " the AT & T records for Defendant's cellphone, and the content of Defendant's cellphone and other electronic devices and social media accounts, including internet search history, photographs and information associated with Defendant's Amazon account, or any information referenced in the above-mentioned " Dateline " episode regarding this case. The State is further required to provide a copy of this Order to all such individuals and document that it has done so. Failure to comply with this Order may be a basis for a finding of Contempt of Court and such other civil and criminal consequences as may be appropriate. Within seven (7) days the State must also provide to the Court a written plan designed to address and prevent the future unauthorized disclosure of information related to this case and what it has done, or proposes to do, to identify any violations of the Court's non-dissemination orders previously entered in this case, and those responsible for such violations. 15 DATED this day of May, 2025. Steven Hippler, District Judge CERTIFICATE OF SERVICE I hereby certify that on 5/15/2025 I served a true and correct copy of the DOCUMENT AND RECORDS HOLD ORDER WILLIAM W. THOMPSON, JR. PROSECUTING ATTORNEY VIA EMAIL: paservice@latahcountyid.gov ASHLEY JENNINGS SENIOR DEPUTY PROSECUTING ATTORNEY VIA EMAIL: paservice@latahcountyid.gov JOSHUA D. HURWIT SPECIAL DEPUTY PROSECUTING ATTORNEY VIA EMAIL: paservice@latahcountyid.gov JEFFERY D. NYE SPECIAL ASSISTANT ATTORNEY GENERAL VIA EMAIL: jeff.nye@ag.idaho.gov MADISON ALLEN SPECIAL ASSISTANT ATTORNEY GENERAL VIA EMAIL: Madison.allen@ag.idaho.gov ANNE TAYLOR LAW, PLLC ANNE C. TAYLOR VIA EMAIL: info@annetaylorlaw.com ELISA G. MASSOTH, PLLC ELISA G. MASSOTH VIA EMAIL: emassoth@kmrs.net IDAHO STATE PUBLIC DEFENDER'S OFFICE FIRST DISTRICT PUBLIC DEFENDER JAY W. LOGSDON VIA EMAIL: jay.logsdon@spd.idaho.gov BICKA BARLOW Pro Hac Vice VIA EMAIL: bickabarlow@sbcglobal.net TRENT TRIPPLE Clerk of the Court By: Ben Water Deputy Clerk 5/15/2025 2:15:19 PM CERTIFICATE OF SERVICE