Response to Court Order Regarding Sealed Documents

Electronically Filed
8/18/2025 12:21 PM

Fourth Judicial District, Ada County Trent Tripple, Clerk of the Court
By: Jennifer Keyes, Deputy Clerk
LATAH COUNTY PROSECUTOR'S OFFICE

WILLIAM W. THOMPSON, JR., ISB No. 2613
PROSECUTING ATTORNEY

ASHLEY S. JENNINGS, ISB No. 8491
SENIOR DEPUTY PROSECUTOR

Latah County Courthouse 522 S. Adams Street, Ste. 211 Moscow, ID 83843
Phone: (208) 883-2246 paservice@latahcountyid.gov
IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA

STATE OF IDAHO, Case No. CR01-24-31665 Plaintiff,
STATE'S RESPONSE TO

V. COURT'S " ORDER REGARDING

SEALED DOCUMENTS "

BRYAN C. KOHBERGER,

Defendant.

COMES NOW the State of Idaho, by and through the Latah County Prosecuting Attorney, and hereby responds pursuant to the Court's August 4, 2025, " Order Regarding Sealed Documents. " As a general matter, beginning early in the investigation, a number of individuals associated with this case were identified then subsequently harassed, stalked, and threatened by members of the public. The majority of the threatening behavior occurred via various social media platforms. There are also documented instances of identified individuals being physically followed and surveilled related to this case. There is also one instance of physical trespass of
STATE'S RESPONSE TO COURT'S " ORDER REGARDING SEALED DOCUMENTS " 1

property and one instance of property damage (i.e. vandalism). Due to this harassment, stalking and threatening behavior, previously identified individuals have had to take extraordinary actions such as filing police reports, moving residences, hiring private security guards, hiring media consultants (to track online harassment), and so forth. We are also aware of an individual who was inaccurately named as a suspect by a member of the public and then subjected to online harassment. In one instance, the harassment was to such a degree it led to a defamation suit. See Scofield v. Guillard.

Based on the above, the release of full names and contact information which would identify potential lay witnesses could subject these individuals to similar harassment as described above. See I.C.A.R. 32 (i) (3) (A) (1) and / or (5). Releasing potential lay witnesses ' names and / or addresses would constitute an " unwarranted invasion of personal privacy " as provided by Idaho Code §§ 74-124 and 74-101 (17) (a) (ii). Pursuant to I.C.A.R. 32 (i) (3) the State moves that any potential lay witnesses listed in any Court documents should be redacted and pursuant to I.C.A.R. 32 (i) (3) (A) (7) that any personal data identifiers also be redacted.

The State identifies each document by date, name, and number as identified in the Order and subsequently provides the State's response to continued sealing (in blue) including any notice of non-objection as follows:
1. 7/24/25: State's Exhibits Sl-5-7 / 23 / 2025 Sentencing Hearing, which include photographs of each of the deceased victims and a photograph of the six victims together (five (5) exhibits) The State has no objection to the unsealing of these items.

2. 7/23/25: Orders Modifying / Amending No Contact Order (seven (7) orders).

The State has no objection to the unsealing of this item. The No Contact Orders (seven) should be redacted to protect the names of the protected persons pursuant to I.C.A.R. 32 (i) (3) (A) (1). In addition, personal data identifiers should be redacted including dates of birth and addresses pursuant to I.C.A.R. 32 (i) (3) (A) (7) and I.C. 74- 124 (1) (b).

STATE'S RESPONSE TO COURT'S " ORDER REGARDING SEALED DOCUMENTS " 2

3. 7/15/25: Opposition to Motion to Vacate Nondissemination Order.

The State has no objection to the unsealing of this item.

4. 7/9/25: SEALED Exhibit S-1 to State's Response to Defendant's 24th Supplemental Request for Discovery The State has no objection to the unsealing of this item, but requests the following redactions to State's Exhibit S-1:
Item 441. The potential witness ' name identified in this item should be redacted.

The date of birth should be redacted in its entirety. In addition, the AV # should be redacted as this is attorney work product.

Item 442. The potential witnesses identified in this item should be redacted. In addition, the bates numbers for this item should be redacted as this is attorney work product.

Item 443. The potential witness identified in this item should be redacted.

Item 444. The potential witness identified in this item should be redacted.

5. 7/3/25: Sheriffs Return concerning witness K.S.F.

The State believes this was a defense filing as the State does not have a record of this filing.

The State leaves the unsealing of this item to the Court's discretion.

6. 7/2/25: Guilty Plea Advisory form completed by Defendant The State has no objection to the unsealing of this item.

7. 6/27/25: 2nd Notice of Filing Defendant's Additions / Objections to the Juror Questionnaire.

The State has no objection to the unsealing of this item.

8. 6/27/25: Sheriff's Return concerning witness T.A.D.

The State believes this was a defense filing as the State does not have a record of this filing.

The State leaves the unsealing of this item to the Court's discretion.

9. 6/26/25: SEALED Order on Defendant's Offer of Proof Re: Alternate Perpetrators (unredacted) The State notes, that a “ Redacted Order on Defendant's Offer of Proof Re: Alternate
STATE'S RESPONSE TO COURT'S " ORDER REGARDING SEALED DOCUMENTS " 3

Perpetrators " was published on 6/26/25 which redacted footnotes 2 and 4.

The State requests the following redactions to the unredacted Order:
Footnote 2: witnesses ' names should be redacted
Footnote 4: witnesses ' names should be redacted
10. 6/25/25: SEALED Exhibit W to Defendant's 24th Supplemental Request for Discovery The State requests the following redactions to Defendant's Exhibit W:
Item 441. The potential witness's name identified in this item should be redacted.

The date of birth should be redacted in its entirety.

Item 442. The potential witness's name identified in this item should be redacted.

Item 443. The potential witness's name identified in this item should be redacted.

Item 444. The potential witness's name identified in this item should be redacted.

11. 6/25/25: State's Amended Notice of Compliance and Motion to Seal State's Amended Witness List.

The State does not object to the unsealing of this item. However, the State requests the Court redact from " ICR 16 (b) (6) Witness List " the names of all non-law enforcement and / or non-lay (i.e. expert) witnesses. The following individuals were potential law enforcement or potential expert witnesses:
William Adams Carolina Calvin Eddie Garcia Sean Ahearn Brooke Chamberlin Darren Gilbertson Daniel Anderson Gary Cooper Shaine Gunderson Jeff Anderson Shane Cox Nicole Heideman Jacob Archer Shawn Crompton Cody Herman Shannon Katherine Dace Rob Hille Arrendondo (White) Kerry Hogan James Atchley Dawn Daniels Ryan Hoxie Jennie Ayers Gary Dawson Diana Huffman Eric Bailey Elizabeth Alexandria Nick Ballance DeAngela Imbriale Wyatt Barie Justin Deane Anthony Imel Heather Barnhart Chelsey Deisher Jessica Kelly Jared Barnhart Mike Douglass Jason Knight Dustin Blaker Darren Duke Michael Lang Jennifer Braun Kandy Florea Roger Lanier Vince Browning Jason Gage John Lawrence
STATE'S RESPONSE TO COURT'S " ORDER REGARDING SEALED DOCUMENTS " 4

Justin Leri Rylene Nowlin Ryan Snyder Vincente Lopez Mitch Nunes Luke Strenier Karen Lowe Ryan O'Neil Bransen Stirk Catherine Mabbutt Brett Payne Paulette Sutton Cassie Macy Maureen Poulton Jeff Talbott Taylor Maichek Hugh Powell Jeff Tanzola Chistopher Maner Alex Prostko Joseph Traino Tara Martinez Rebecca Quinn Justin Turrentine Jason Maslan Gideon Roberts Neil Uhrig William Maynard Jonathon Rosinsky Mike Van Leuven Carol McKenna Christopher Dani Vargas Anne Marie Rouchard Tina Walthall McMahon Chris Ruchert Eric Warner Jade Miller Loreliei Schreier Christian Westring James Milar Jake Schweke Chad Willerford Michael Mocadlo Eric Seat Stephanie Wilt Aaron Morris Jeremy Shepherd Jared Witmier Lawrence Mowery Veena Singh Shawn Wright Lennea Mueller Kate Sire Matthew Wysocky Timothy Mullin Tim Smallridge Shane Yelland Annette Murphy Corbin Smith Hailey Youngling Brian Noll Jeff Smull Anne Nord Timothy Snell
12. 6/18/25: Court Minutes for Closed Session RE: Motion Concerning Alternate Perpetrators The State has no objection to the unsealing of the court minutes regarding the closed session in relation to alternate perpetrators (1:25:05 p.m. to 1:36:17 p.m.) The State objects to the unsealing of the court minutes from the closed session starting at
1:36:17 p.m. to 2:07:44 p.m. pursuant to I.C.A.R. 32 (g) (1) and I.C. 74-124 (a) as it involves an ongoing investigative proceeding.

The State has no objection to the unsealing of the court minutes from the closed session from 2:07:44 p.m. to 2:36:47 with the request that the potential witness ' name at 2:35:45 be redacted.

13. 6/16/25: State's Motion to Seal Ex Parte Filing RE: Out of State Witnesses The State has no objection to the unsealing of this item.

14. 6/16/25: Exhibit S-1 (b) to State's Supplemental Response to Rqst for Discovery RE:
Expert Testimony The State has no objection to the unsealing of this item.

STATE'S RESPONSE TO COURT'S " ORDER REGARDING SEALED DOCUMENTS " 5

15. 6/16/25: Exhibit S-1 (a) to State's Supplemental Response to Rqst for Discovery RE:
Expert Testimony The State has no objection to the unsealing of this item.

16. 6/16/25: Exhibit S-1 to State's Supplemental Response to Rqst for Discovery RE: Expert Testimony The State has no objection to the unsealing of this item.

17. 6/13/25: Sheriff's Return concerning witness Y.R.

The State believes this was a defense filing as the State does not have a record of this filing.

The State leaves the unsealing of this item to the Court's discretion.

18. 6/13/25: Defendant's Reply in Support of Motion for Access The State objects to the unsealing of this item pursuant to I.C.A.R. 32 (g) (1) and I.C.

74-124 (a) as it involves an ongoing investigative proceeding. Depending upon the outcome of that proceeding there may be fair trail rights implicated pursuant to I.C. 74- 124 (1).

19. 6/13/25: Defendant's Reply to State's Objection to Defendant's Offer of Proof RE:
Alternate Perpetrators and Defendant's Evidence in Support of Offer of Proof RE:
Alternate Perpetrator.

The State does not object to the unsealing of this item so long as the potential witness's names are redacted.

20. 6/12/25: State's Motion to Amend Witness List and Supplement Expert Disclosure The State does not object to the unsealing of this item so long as the potential witness's name is redacted.

21.6 / 12 / 25: Notice of Filing – SEALED Defendant's Amended Exhibit Chart The State does not object to the unsealing of this item.

22. 6/12/25: Order Sealing State's Response to Defendant's Motion Re: Special Investigation The State does not object to the unsealing of this item.

STATE'S RESPONSE TO COURT'S " ORDER REGARDING SEALED DOCUMENTS " 6

23. 6/12/25: Order Sealing Defendant's Motion for Access and Objection to Court's Order The State does not object to the unsealing of this item.

24. 6/11/25: Motion to Seal State's Response to Defendant's Motion Re: Special Investigation The State does not object to the unsealing of this item.

25. 6/11/25: State's Response to Defendant's Motion RE: Special Investigation The State leaves the unsealing of this item to the Court's discretion.

26. 6/11/25: Defendant's Objection to Release of Privileged and Confidential Work Product The State objects to the unsealing of this item pursuant to I.C.A.R. 32 (g) (1) and I.C.

74-124 (a) as it involves an ongoing investigative proceeding. Depending upon the outcome of that proceeding there may be fair trail rights implicated pursuant to I.C. 74- 124 (1).

27. 6/11/25: Defendant's Motion for Access and Fair Investigation The State objects to the unsealing of this item pursuant to I.C.A.R. 32 (g) (1) and I.C.

74-124 (a) as it involves an ongoing investigative proceeding. Depending upon the outcome of that proceeding there may be fair trail rights implicated pursuant to I.C. 74- 124 (1).

28. 6/11/25: Motion to Seal Defendant's Motion for Access and Objection to Court's Order The State does not object to the unsealing of this item.

29. 6/9/25: Witness List-Defendant's 2nd Amended Phase Two Mitigation Witness List The State does not object to the unsealing of the Defendant's 2nd Amended Phase Two Mitigation Witness List. However, the State requests the Court redact non-law enforcement potential witnesses (all witnesses identified except 22, 26, and 38). In addition, all personal data identifiers (i.e. addresses) should be redacted for the reasons outlined above.

30. 6/9/25: Order Staying Order The State leaves the unsealing of this item to the Court's discretion.

STATE'S RESPONSE TO COURT'S " ORDER REGARDING SEALED DOCUMENTS " 7

31. 6/9/25: Order Sealing Defendant's Motion for Order for Emergency Order The State leaves the unsealing of this item to the Court's discretion.

32. 6/9/25: Order Conditionally Denying Admission of Additional Exhibits as Evidence at Trial The State does not object to the unsealing of this item.

33.6 / 9 / 25: Order Granting Defense Expert Analysis of Evidence The State does not object to the unsealing of this item.

34. 6/6/25: State's Response RE: Defendant's Motion for Independent Analysis of Evidence The State does not object to the unsealing of this item.

35. 6/6/25: Motion for Emergency Order The State objects to the unsealing of this item pursuant to I.C.A.R. 32 (g) (1) and I.C.

74-124 (a) as it involves an ongoing investigative proceeding. Depending upon the outcome of that proceeding there may be fair trail rights implicated pursuant to I.C. 74- 124 (1).

36. 6/6/25: Motion to Seal Defendant's Motion and Order for Emergency Order The State does not object to the unsealing of this item.

37. 6/6/25: Stipulated Motion to the Admission of Additional Exhibits as Evidence at Trial The State does not object to the unsealing of this item.

38. 6/6/25: Motion for Independent Analysis of Evidence The State does not object to the unsealing of this item.

39.6 / 6 / 25: State's Objection to " Defendant's Offer of Proof RE: Alternate Perpetrators " and " Defendant's Evidence in Support of Offer of Proof Re: Alternate Perpetrators " The State request redactions of any potential witnesses ' names in their entirety.

40. 6/5/25: Order Granting Access to Sealed Record The State leaves the unsealing of this item to the Court's discretion.

STATE'S RESPONSE TO COURT'S " ORDER REGARDING SEALED DOCUMENTS " 8

41. 6/4/25: Exhibit S-1 to State's Supplemental Response to Defendant's Request for Discovery For the reasons outlined above, the potential witnesses ' names and their place of employment should be redacted (as addresses would easily identify the individual).

42. 6/3/25: Exhibit S-1 to State's Response to Defendant's 23rd Supplemental Request for Discovery The State requests the following redactions to State's Exhibit S-1:
Item 438. The Bates numbers (12 references) for this item should be redacted as this is attorney work product.

Item 439. The pathways (two references) and AV number for this item should be redacted as this is attorney work product.

Item 440. The potential witnesses ' names identified in this item should be redacted.

43. 6/2/25: Exhibit V to Defendant's 23rd Supplemental Request for Discovery The State requests the following redactions to Defendant's Exhibit V:
Item 440. The potential witnesses ' names identified in this item should be redacted.

RESPECTFULLY SUBMITTED this 18th day of August 2025.

sing Senior Deputy Prosecuting Attorney
STATE'S RESPONSE TO COURT'S " ORDER REGARDING SEALED DOCUMENTS " 9

CERTIFICATE OF DELIVERY

I hereby certify that true and correct copies of the STATE'S RESPONSE TO COURT'S " ORDER REGARDING SEALED DOCUMENTS " were served on the following in the manner indicated below:
Anne Taylor Mailed Attorney at Law E-filed & Served / E-mailed PO Box 2347 Faxed Coeur D Alene, ID 83816 Hand Delivered Dated this 18th day of August 2025.

Kim Workman
STATE'S RESPONSE TO COURT'S " ORDER REGARDING SEALED DOCUMENTS " 10