Court Filing
Electronically Filed DocuSign Envelope ID: D2EF1239-BB0A-4A53-8E20-9F6F950ECCEA 6/2/2023 3:51 PM Second Judicial District, Latah County Julie Fry, Clerk of the Court By: Tamzen Reeves, Deputy Clerk Wendy J. Olson, Bar No. 7634 wendy.olson@stoel.com Cory M. Carone, Bar No. 11422 cory.carone@stoel.com STOEL RIVES LLP 101 S. Capitol Boulevard, Suite 1900 Boise, ID 83702 Telephone: 208.389.9000 Facsimile: 208.389.9040 Attorneys for Intervenors 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 Declaration of Angenette Levy in Support V. of Motion to Vacate the Amended Nondissemination Order BRYAN C. KOHBERGER, Defendant. THE ASSOCIATED PRESS; RADIO TELEVISION DIGITAL NEWS ASSOCIATION; SINCLAIR MEDIA OF BOISE, LLC / KBOI-TV (BOISE); STATES NEWSROOM DBA IDAHO CAPITAL SUN; TEGNA INC./KREM (SPOKANE), KTVB (BOISE) AND KING (SEATTLE); EASTIDAHONEWS.COM; THE LEWISTON TRIBUNE; WASHINGTON STATE ASSOCIATION OF BROADCASTERS; IDAHO PRESS CLUB; IDAHO EDUCATION NEWS; KXLY-TV / 4 NEWS NOW AND KAPP / KVEW-TV-MORGAN MURPHY MEDIA KXLY-TV / 4 NEWS NOW; SCRIPPS MEDIA, INC., DBA KIVI-TV, A DELAWARE CORPORATION; THE SPOKESMAN- Declaration of Angenette Levy-1 DocuSign Envelope ID: D2EF1239-BB0A-4A53-8E20-9F6F950ECCEA REVIEW / COWLES COMPANY; THE NEW YORK TIMES COMPANY; LAWNEWZ, INC.; ABC, INC.; WP COMPANY LLC, DBA THE WASHINGTON POST; SOCIETY OF PROFESSIONAL JOURNALISTS; THE MCCLATCHY COMPANY, LLC; and THE SEATTLE TIMES, Intervenors. I, Angenette Levy, declare and state as follows: 1. Since 2020, I have been an On-Air Host, Correspondent, and Producer at LawNewz, Inc. (d / b / a Law & Crime), one of the members of the media coalition in this action and a multi-platform media company / live trial network that covers true crime, legal news, and high-profile criminal cases. 2. I have over 20 years of experience in broadcast journalism, television production, and general reporting / news coverage. I graduated from the University of Cincinnati with a Bachelor of Arts degree in Communication. Over the past several decades since the beginning of my career in 2001, I have worked as a reporter, producer, anchor, host, and correspondent at various local news radio stations, television networks, and other media entities. I have extensively covered numerous high-profile trials in the past, including those of Kyle Rittenhouse, Derek Chauvin, Johnny Depp, and Alex Murdaugh. In 2015, I was nominated for an Emmy Award for my reporting of a missing toddler in Milford, Ohio. 3. In November 2022, four University of Idaho students were found fatally stabbed in an off-campus residence in Moscow, Idaho. On December 30, 2022, Bryan Kohberger was arrested in Monroe County, Pennsylvania on four counts of first-degree murder and felony burglary, with a trial set to go forward in October 2023. Just one week after Mr. Kohberger's arrest, a gag order was issued in this case, restricting investigators, law enforcement personnel, Declaration of Angenette Levy-2 DocuSign Envelope ID: D2EF1239-BB0A-4A53-8E20-9F6F950ECCEA or attorneys from speaking about the case. 4. Since the on-set of this case, I have been the lead reporter covering this matter for Law & Crime. 5. I have issued various forms of requests for information and access, in order to provide fair and accurate reporting of information that would be valuable to the communities impacted by the murders. Specifically, I have issued document requests, approached subjects for interviews, and sought to speak with various government officials with knowledge on the matter, even for background purposes. 6. On January 4, 2023, my team and I issued an open records request associated with an August 2022 traffic stop for Bryan Kohberger from the Latah County Sheriff's Office in Moscow, Idaho, and received a denial, with the Office citing " active prosecution " as one of the reasons. 7. On January 5, 2023, our team issued a public records request for records from the Pullman Police Department in Pullman, Washington regarding Mr. Kohberger's application, essay, and materials from his Fall 2022 application for an internship with the Pullman Police Department, and received a denial, with the department citing an open investigation as the reasoning. 8. On January 5, 2023, our team issued a request for the booking video of Mr. Kohberger from the Latah County Sheriff's Office in Moscow, Idaho, and received a denial, with the office citing the court's gag order as the reasoning via email. 9. On January 10, 2023, I contacted Captain Dahlinger of the Moscow Police Department in Moscow, Idaho, requesting to speak with either him or Police Chief James Fry regarding the general topic of patrolling in the Idaho area and how they were aiming to make Declaration of Angenette Levy-3 DocuSign Envelope ID: D2EF1239-BB0A-4A53-8E20-9F6F950ECCEA students feel safe on campus, in the aftermath of the murders. I received a denial, and Captain Dahlinger informed me that neither him nor Chief Fry were conducting any further interviews, due to the judge's gag order. 10. On January 10, 2023, I contacted Aaron Snell, Communications Director of the Idaho State Police to request information regarding enhanced patrols and an interview. Although I specifically clarified we can conduct the interview in a manner that does not violate the gag order, I did not receive the interview I requested. 11. On April 24, 2023, I contacted Kelli Anne Viloria, legal counsel for one of the surviving housemates of the students who were murdered to request a copy of the Motion to Quash that she filed in response to a subpoena issued for her client by Mr. Kohberger's defense attorney. Ms. Viloria responded by attaching a copy of the court's gag order via email, and did not provide any other information. 12. Finally, on April 24, 2023, I filed a Request to Inspect or Copy Judicial Records with the Latah County Courthouse in Moscow, Idaho. Specifically, I requested documents related to the subpoena for Ms. Viloria's client and the Motion to Quash regarding same subpoena. Despite the fact that these were documents publicly filed in an open court, I received a denial written response, citing Idaho Court Administrative Rule 32 (g) (15), which states documents filed or lodged with the court in camera are exempt from disclosure. 13. In regard to the inquiries and requests made referenced in Paragraphs 8, 9, and 11 in this Declaration, I was explicitly informed I was being denied access to pertinent information regarding this matter due to the gag order implemented. Declaration of Angenette Levy-4 DocuSign Envelope ID: D2EF1239-BB0A-4A53-8E20-9F6F950ECCEA I declare under penalty of perjury under the laws of the State of Idaho that the foregoing is true and correct. DocuSigned by: DATED: June 2, 2023 Angenette levy A722855D68DE45E... Angenette Levy Declaration of Angenette Levy-5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 2nd day of June 2023, I served a true and correct copy of the within and foregoing upon the following named parties by the method indicated below, and addressed to the following: Latah County Prosecutor's Office Hand Delivered William W. Thompson, Jr. Via Facsimile Prosecuting Attorney U.S. Mail Latah County Courthouse Via email P.O. Box 8068 X Via iCourt efile & serve at: Moscow, ID 83843 paservice@latahcounty.id.gov Anne Taylor Hand Delivered Attorney at Law Via Facsimile P.O. Box 9000 U.S. Mail Coeur d'Alene, ID 83816 ✗ Via email at ataylor@kcgov.us X Via iCourt efile & serve at: pdfax@kcgov.us Jeff Nye Hand Delivered Ingrid Batey Via Facsimile Deputy Attorney General U.S. Mail P.O. Box 83720 X Via email at jeff.nye@ag.idaho.gov Boise, ID 83720 ingrid.batey@ag.idaho.gov Via iCourt efile & serve at: Shanon Gray Hand Delivered 2175 N. Mountain View Road Via Facsimile Moscow, ID 83843 U.S. Mail Via email X Via iCourt efile & serve at: shanon@graylaw.org Elisa G. Massoth, PLLC Hand Delivered Attorney at Law Via Facsimile P.O. Box 1003 U.S. Mail Payette, ID 83661 ✗ Via email at emassoth@kmrs.net X Via iCourt efile & serve at: emassoth@kmrs.net / s / Wendy J. Olson Wendy J. Olson