Court Filing
Filed: 12/18/2025 22:08:31 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, Ada County Case No. CR01-24-31665 Plaintiff, V. ORDER UNSEALING, REDACTING AND / OR MAINTAINING SEALED BRYAN C. KOHBERGER, STATUS OF DOCUMENTS 88-179 Defendant. On October 16, 2025, the Court issued an order seeking the parties ' position regarding the unsealing of the third set of documents identified therein as # 88- # 179.¹ The Court has reviewed the parties ' respective responses and rules as follows: A. Documents to UNSEAL With regard to the following documents, the Court received no objection by either party to their unsealing and the Court finds no further justification under I.C.A.R 32 (i) (3) (A) to warrant their continued sealed status: 88, 89, 93, 97, 101, 103, 108, 111, 112, 118, 125, 130, 132, 143, 144, 146, 148, 154, 156, 157, 158, 161, 163, 164, 165, 166, 167, 169, 170, 176, 178 and 179. With regard to the following documents, the Court received objection by one or both parties to their unsealing. However, after considering the objection (s), the Court finds no further justification under I.C.A.R 32 (i) (3) (A) to warrant their continued sealed status: 95, 99, 100, 102, 104, 105, 109, 114, 115, 117, 119, 120, 121, 133, 134, 136, 137, 138, 139, 145, 153, 159, 168, 171, 172 and 177. B. Documents to MAINTAIN SEALED STATUS With regard to the following documents, the Court received objection by one or both parties to their unsealing. Having considered the objection (s), the Court agrees that their sealed status shall be maintained pursuant to I.C.A.R 32 (i) (3) (A): ¹ See, Third Order Seeking Parties ' Position Regarding Sealed Documents (Oct. 16, 2025). 1 91) 3/27/25 Exhibit C to Defendant's 3rd Supplemental Response to Request for Discovery: This filing contains sensitive personal information of third parties, the release of which into the public realm would be highly objectionable to a reasonable person. Thus, they shall remain sealed pursuant to I.C.A.R. 32 (i) (3) (A) (1). 110) 3/24/25 State's Exhibit S-7 (d) – Douglass 113) 3/20/25 Defendant's Exhibit in Support of Their Objection to the State's Motion in Limine RE: Self-Authentication of Records Documents # 100 and # 113 consist of federal grand jury material, which is exempt from public disclosure under Rule 6 (e) (2), Fed.R.Crim.P. and 5 U.S.C. § 552 (b) (3). 123) 3/17/25 Exhibit D1 3 to Defendant's Response to State's Motion in Limine RE: Neuropsychological and Psychiatric Evidence: This filing consists of sensitive and confidential mental health information of Defendant that is private and protected under I.C. § 74-106 (13). The release of this information into the public realm would be highly objectionable to a reasonable person, which outweighs the public's right to access. Thus, it shall remain sealed pursuant to I.C.A.R. 32 (i) (3) (A) (1). 124) 3/17/25 Exhibit 1 to Defendant's Objection to State's Motion in Limine RE: 911 Call Under Seal2: This filing consists of grand jury testimony, which is exempt from public disclosure under I.C.A.R. 32 (d) (7). 127) 3/13/25 Exhibit B to Defendant's 2nd Supp Response to Discovery: This filing contains sensitive personal information of third parties, the release of which into the public realm would be highly objectionable to a reasonable person. Thus, it shall remain sealed pursuant to I.C.A.R. 32 (i) (3) (A) (1). 155) 2/10/25 Exhibit S-1 RE State's Motion to Extend State's Rebuttal Expert Disclosure Deadline: This filing discloses sensitive and confidential health information of third parties 2 Document 124 was misdated in the Court's Third Order Seeking Parties ' Position Regarding Sealed Documents. 2 that is private and protected under I.C. § 74-106 (13). The release of this information into the public realm would be highly objectionable to a reasonable person. Thus, it shall remain sealed pursuant to I.C.A.R. 32 (i) (3) (A) (1). C. Documents to UNSEAL and REDACT With regard to the following documents, the Court received objection by one or both parties to their unsealing. Having considered the objection (s), the Court finds no further justification under I.C.A.R 32 (i) (3) (A) to warrant their continued sealed status, but finds the following redactions are necessary to balance the public's right to access with the privacy concerns implicated: 90) 3/31/25 Exhibits to Defendant's 3rd Supplemental Response to Request for Discovery RE: Expert Witnesses (Penalty Phase): Within this filing are expert reports and expert declarations containing sensitive and detailed confidential mental health information of Defendant and other individuals that is private and protected under I.C. § 74-106 (13). Those reports and declaration are identified within the filing as Exhibits D7-E; D13-E; D20-B³; D20-C, and; D22-B. The release of this information into the public realm would be highly objectionable to a reasonable person, which outweighs the public's right to access. Thus, they shall be redacted from the filing pursuant to I.C.A.R. 32 (i) (3) (A) (1). 92) 3/26/25 Defendant's Exhibit la in Support of Affidavit and Objection to State's Motion in Limine RE: Text Messages and Testimony: This filing contains personal phone numbers and email addresses of the victims, witnesses and third parties which is private and protected under I.C. § 74-106 (33) and the publication of which would be highly objectionable to a reasonable person. Thus, all but the last four digits of phone numbers and the username of all email addresses will be redacted pursuant to I.C.A.R. 32 (i) (3) (A) (1). 94) 3/24/25 Defendant's Reply to State's Objection to Motion in Limine # 5: This document contains references to testimony provided at the grand jury in this matter, which is exempt from public disclosure under I.C.A.R. 32 (d) (7). Thus, those references will be redacted. 3 The only portion of Exhibit D20-B that will be redacted is the first five (5) pages, which is the expert's declaration. The remaining portion of the exhibit is the expert's CV, which will be unsealed. 3 96) 3/24/25 State's Exhibit S-22 (b) – Seat 98) 3/24/25 State's Exhibit S-19 (b) – Miller 106) 3/24/25 State's Exhibit S-17 (b) – Maichek 107) 3/24/25 State's Exhibit S-16 (b) - Dace White 140) 2/24/25 Exhibits 1 2 3 in Support of Motions in Limine RE: Vague and Undisclosed Expert Testimony Documents 96, 98, 106, 107 and 140 consist of forensic science reports documenting DNA testing and analysis performed on various items of evidence gathered by law enforcement for purposes of excluding certain third-party witnesses as potential contributors. While the scientists ' summary of conclusions and biology analysis notes will be unsealed, the remaining portions of the filings will be REDACTED pursuant to I.C.A.R 32 (i) (3) (A) (1) and (7) as the contain personal and sensitive DNA data. The redactions for each document are as follows: • 96): BATES 5723-5731 and footnote 1 on BATES 5721 • 98) BATES 630-839; 5786-5901; 14313-14358; 15267-15295 • 106) BATES 541-593; 596-606; 5735-5758; 5762-5781 • 107) BATES 609-626 • 140) BATES 5723-5731. 116) 3/17/25 Exhibits 1-4 to State's Response to Defendant's Motion in Limine # 7: Exhibit S- 1 to this filing contains personal phone numbers of the victims, witnesses and third parties which is private and protected under I.C. § 74-106 (33) and the publication of which would be highly objectionable to a reasonable person. All but the last four digits of phone numbers and will be redacted pursuant to I.C.A.R. 32 (i) (3) (A) (1). Exhibit S-4 to this filing will be redacted in its entirety as it is a transcript of grand jury testimony provided in this case, which is exempt from public disclosure under I.C.A.R. 32 (d) (7). 122) 3/17/25 Exhibits 1 & 2 to Defendant's Objection to State's Motion in Limine RE: Text Messages and Testimony: For the reason articulated in # 92 supra, all but the last four digits of phone numbers and the username of all email addresses will be redacted pursuant to I.C.A.R. 32 (i) (3) (A) (1). 4 126) 3/14/25 Exhibits S1-S4 to States Amended Supplemental Response to Request for Discovery RE: Expert Testimony: A portion of this filing identifies credit card information and bank account numbers belonging to Defendant and his family members. This information is private and protected information under I.C. § 74-106 (4) (h) (3) and will be redacted pursuant to I.C.A.R. 32 (i) (3) (A) (1), (3). 128) 3/7/25 Proof of Service NCO 129) 3/7/25 Order Modifying / Amending No Contact Order: Documents # 128 and # 129 identify the dates of birth of the protected individuals identified therein. This information is private and protected under I.C. § 74-106 (4) (h) (2) and will be redacted pursuant to I.C.A.R. 32 (i) (3) (A) (7). 131) 3/3/25 Exhibits S-1 through S-13 to States Amended Supplemental Response to Request Discovery RE Expert Testimony: Within this filing are grisly images from the crime scene, the disclosure of which would be highly objectionable to a reasonable person. Thus, these images will be redacted pursuant to I.C.A.R. 32 (i) (3) (A) (1). The images appear on pp. 9-20, 23-24, 42-62, 70-72 and 82 of Exhibit S-9 (a) and pp. 6-10; 15-20; 22-23 of Exhibit S-9 (b). 135) 2/24/25 Exhibits 1 & 2 in Support of Motion to Strike Death Penalty re: Autism Spectrum Disorder: Exhibit 2 to this filing contains mental health information that is private and protected under I.C. § 74-106 (13) and, therefore, exempt from disclosure under I.C.A R. 32 (g) (1). Further, the release of this information would be highly objectionable to a reasonable person and shall remain sealed. I.C.A.R. 32 (i) (3) (A) (1). Therefore, this information will be redacted. 141) 2/24/25 Exhibits 1 2 3 4 5 in Support of Motion in Limine RE: Excluding IGG Evidence: Portions Exhibits 1 and 4 in this filing disclose the names and dates of birth of individuals identified by Othram Labs through investigative genetic genealogy as potential genetic relatives to the DNA left on the knife sheath. Pursuant to I.C.A.R. 32 (i) (3) (A) (1) and (7), this personal information will be redacted. In addition, the email address of law 5 enforcement personnel contained within Exhibit 2 is protected under I.C. § 74-106 (1) and will be redacted pursuant to I.C.A.R. 32 (i) (3) (A) (7). 142) 2/24/25 Exhibit 1 in Support of Motion in Limine RE: Conditions as Aggravator: Portions of this filing contains mental health information that is private and protected under I.C. § 74-106 (13) and, therefore, exempt from disclosure under I.C.A R. 32 (g) (1). Further, the release of this information would be highly objectionable to a reasonable person and shall remain sealed. I.C.A.R. 32 (i) (3) (A) (1). Therefore, this information will be redacted. 147) 2/24/25 State's Motion in Limine RE: Text Messages and Testimony: For the reasons articulated in # 92 supra, all but the last four digits of phone numbers and the username of all email addresses in Exhibit S-1 to the filing will be redacted pursuant to I.C.A.R. 32 (i) (3) (A) (1). In addition, Exhibit S-2 will be redacted in its entirety as it is a transcript of grand jury testimony provided in this case, which is exempt from public disclosure under I.C.A.R. 32 (d) (7). 149) 2/24/25 State's Motion in Limine RE: 911 Call: Exhibit S-1 from this filing will be redacted in its entirety as it is a transcript of grand jury testimony provided in this case, which is exempt from public disclosure under I.C.A.R. 32 (d) (7). 150) 2/20/25 Transcript of Hearing Held Jan 23, 2025 [Redacted]: This document was filed in redacted form. Thus, it will be unsealed as redacted. 151) 2/18/25 Proposed Redactions to January 23, 2025 Closed Hearing Transcript: Reference is made within this filing to the last name of individuals identified by Othram Labs through 4A heavily redacted version of this document was filed during litigation. Several of these redactions will be removed. 5 See, fn. 4. 6 Document 150 was misdated in the Court's Third Order Seeking Parties ' Position Regarding Sealed Documents. 6 investigative genetic genealogy as potential genetic relatives to the DNA left on the knife sheath. Pursuant to I.C.A.R. 32 (i) (3) (A) (1) and (7), the last name will be redacted. 152) 2/17/25 Exhibits (cont.) to State's Rebuttal to Defendant's Supp Discovery Response RE Expert Witnesses: Within this filing are grisly images from the crime scene, the disclosure of which would be highly objectionable to a reasonable person. Thus, these images will be redacted pursuant to I.C.A.R. 32 (i) (3) (A) (1). The images appear on p. 2 of Exh. S-12 and pp. 7-9, 18 of S-13. 160) 1/23/25 Exhibits to Defendant's Supplemental Response to Request for Discovery Regarding Expert Witnesses: Redacted from this filing are the following: • Sensitive crime scene photos, pursuant to I.C.A.R. 32 (i) (3) (A) (1). These photos are within Exhibit D6-B at BATES 3254; 3255; 3257; 3259; 3260; 3263; 3265; 3268; 3269; 3270; 3271; 3275; 3279; 3280; 3281; 3282; 3284; 3285; 3291; 3299; 3304; 3306; 3307; 3308; 3309; 3310; 3311; 3312; 3313; 3314; 3315; 3316; 3317; 3318; 3319; 3348; 3349; 3350; 3351; 3352; 3353; 3354; 3355; 3356; 3357; 3358; 3359; 3360; 3361; 3362; 3363; 3364; 3365; 3366; 3367; 3368; 3369; and 3372; Exhibit D16-B at BATES 4039, 4041-43, 4045-47; 4106-07, 4109-10, 4112-13 and 4115. • Mental health information, pursuant to I.C. § 74-106 (13) and I.C.A R. 32 (g) (1). This information is contained within Exhibit D7-B to the filing and will be redacted consistent with # 142 supra. It is also contained within Exhibit D13-B, which will be redacted in its entirety. • All but the last four digits of personal phone numbers, pursuant to I.C. § 74-106 (33) and I.C.A.R. 32 (i) (3) (A) (1). The phone numbers appear in Exhibit D11-B at BATES 3826 through 2824, 3840-41, 3846, 3851 and 3853-58; Exhibit D14-B at BATES 3973, 3977, 3981-88; 3990-98, 4006. • Reference to grand jury testimony, which is exempt from public disclosure under I.C.A.R. 32 (d) (7). This information is in Exhibit D16-B, BATES 4098. • DNA testing and analysis, pursuant to I.C.A.R 32 (i) (3) (A) (1) and (7): Exhibit D1-B, BATES 3138-43; Exhibit D10-A at BATES 3505-3634. 7 • Email addresses of law enforcement, pursuant to I.C. § 74-106 (1) and I.C.A.R. 32 (i) (3) (A) (7): Exhibit D2-B at Bates 3169 162) 1/23/25 Court Minutes: References are made during this hearing to the names of ancestors identified by Othram Labs through investigative genetic genealogy as potential genetic relatives to the DNA left on the knife sheath. Pursuant to I.C.A.R. 32 (i) (3) (A) (1) and (7), those references will be redacted. They appear within the following timestamps: 1: 26: 12- 22; 1: 26: 42-46, and 1: 29: 05-10. 173) 1/7/25 No Contact Order Proof of Service NCO 174) 1/7/25 No Contact Order Proof of Service NCO 175) 1/6/25 Order Modifying / Amending No Contact Order (multiple) Documents # 173-175 list the dates of birth of the protected individuals identified therein. This information is private and protected under I.C. § 74-106 (4) (h) (2) and will be redacted pursuant to I.C.A.R. 32 (i) (3) (A) (7). ORDERED and DATED this 16 day of December, 2025. Steven Hippler District Judge 8 CERTIFICATE OF SERVICE I hereby certify that on 12/18/2025 I served a true and correct copy of the ORDER UNSEALING, REDACTING AND / OR MAINTAINING SEALED STATUS OF DOCUMENTS 88-179 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: Benci Water Deputy Clerk CERTIFICATE OF SERVICE