Court Filing
Hippler-Meyer-Christie Valcich-01/21/2025-SEALED / CLOSED HEARING 1A-CRT507 Time Speaker ████████████████████████████████████████ Note 10:20:08 AM 10:20:09 AM 10:20:34 AM Judge Hippler State v. Bryan Kohberger CR01-24-31665 C Closed Hearing Anne Taylor / Massoth 10:21:05 AM States Bill Thompson, Ashley Jennings, Jeff Nye-Via Webex Attorney 10:21:06 AM Defense Anne Taylor, Elisa Massoth-Via Webex Attorney 10:21:07 AM Defendant present in custody via webes 10:21:08 AM Judge Hippler Reviews file 10:21:20 AM Makes record of request for media to witness hearing 10:21:37 AM Makes record of necessity of having the hearing closed, scheduling hearing 10:23:43 AM Defense Request to Unseal IGG Information-Franks ' Motions, and MTS 10:24:10 AM Massoth Argument on MN to Unseal 10:30:28 AM Judge Hippler Questions counsel about unlsealing? The whole case 10:31:10 AM Have stipulated to sealing a lot of motions 10:31:24 AM Defense response / cont. argument Attorney 10:31:37 AM Judge Hippler comments / discussion with counsel 10:32:06 AM Defense response / cont. argument Attorney 10:33:13 AM Judge Hippler questions the Amazon search ok to be open 10:33:29 AM Defense response / cont. argument Attorney 10:33:41 AM Judge Hippler discussion with counsel 10:33:49 AM Defense response-comments Attorney 10:33:55 AM Judge Hippler concerned about IGG may or may not come in. Continuing to pour information to a jury, might make it difficult to get a jury 10:34:38 AM Defense response to court, cont.argument Attorney 10:35:31 AM Judge Hippler questions position on sealing certain documents 10:35:47 AM Defense response to the court Attorney 10:36:19 AM Judge Hippler questions counsel about opening up information you are seeking to have suppressed 1/21/2025 1 of 7 Hippler-Meyer-Christie Valcich-01/21/2025-SEALED / CLOSED HEARING 1A-CRT507 10:36:42 AM Defense not as it relates to the IGG Attorney 10:36:52 AM Judge Hippler comments / questions counsel 10:37:36 AM Defense response to court Attorney 10:37:47 AM Judge Hippler comments-not just a one sided Gag Order 10:37:58 AM Defense agrees / continue with argument Attorney 10:38:43 AM Judge Hippler trial will be public 10:38:48 AM Defense includes MTS by the ISC Attorney 10:39:39 AM Judge Hippler MIL should be open too? 10:39:48 AM Defense response to court Attorney 10:40:16 AM Judge Hippler questions if everything should be unsealed to date? 10:40:29 AM Defense not going to say that-argument Attorney 10:41:09 AM Judge Hippler comments to counsel-can't comments in the courtroom 10:41:27 AM Defense response, talkiing about hearings this week Attorney 10:42:07 AM Judge Hippler Internet searches? 10:42:13 AM Defense comments Attorney 10:43:22 AM Judge Hippler relevance of the narrative 10:44:53 AM Defense response Attorney 10:45:02 AM Judge Hippler cont. discussion with counsel Elisa Massoth 10:45:47 AM Defense response to court Attorney 10:45:51 AM Judge Hippler comments / questions counsel 10:46:04 AM Defense response / cont. argument Attorney 10:46:36 AM Judge Hippler hasn't been determined that IGG is coming in to trial yet 10:46:52 AM not trying this case to the public, 10:47:03 AM Defense entitled to a public trial, suppression is part of that Attorney 1/21/2025 2 of 7 Hippler-Meyer-Christie Valcich-01/21/2025-SEALED / CLOSED HEARING 1A-CRT507 10:47:14 AM Judge Hippler generally presumed to be open, the GAG orders not the norm. Widespread public obsession should be be feediing that. 10:48:00 AM Defense asserting his 6th amendment right for a public trial, benefit Attorney for him 10:50:01 AM Judge Hippler questions / discussion with counsel 10:51:04 AM Defense 6th amendment really talks about both Attorney 10:51:37 AM Judge Hippler comments, discussion 10:52:07 AM Defense think the evidence should come in to trial if it not Attorney suppressed 10:52:44 AM Judge Hippler it may or may not come in, may not be relevant, we are not at that position yet, 10:53:09 AM Defense still have the right to have that record made Attorney 10:53:20 AM Judge Hippler don't disgree with the record in this case, your talking aobut public 10:53:47 AM questions counsel 10:54:02 AM Defense nondissemminsation issue is relevant right not Attorney 10:54:53 AM Judge Hippler Thank you-State? 10:55:05 AM Jeff Nye response argument on MN 10:59:00 AM Judge Hippler what specifically do you want under seal IGG 11:00:09 AM Jeff Nye specifics, the fact that IGG was done at all 11:00:27 AM Judge Hippler comments 11:00:31 AM Jeff Nye response / cont. argument 11:03:56 AM Judge Hippler questions counsel 11:04:14 AM what should be kept from the public 11:04:53 AM Jeff Nye comments on the arguments should be public, think most of what you hear will not be relevant and will have to respond to that as part of my argument 11:05:57 AM what information is revealed with a SNIP profile is conducted 11:06:33 AM Judge Hippler questions what the harm in allowing the testimony to be open to the public 11:07:01 AM Jeff Nye response-exposure to the public, make it difficult to get a jury pool 11:08:19 AM reasonable alternative 11:09:13 AM Judge Hippler questions counsel on FBI protocols precluding the state from havning a fair trial 11:10:45 AM Jeff Nye response 1/21/2025 3 of 7 Hippler-Meyer-Christie Valcich-01/21/2025-SEALED / CLOSED HEARING 1A-CRT507 11:10:50 AM Judge Hippler with respect to the argument section, partially closed 11:11:27 AM Jeff Nye streaming would be the best way to have portions of the hearing close 11:12:05 AM Judge Hippler maybe the court should be all public 11:12:20 Jeff Nye response to the court-protecting the jury pool-why we think it should be sealed 11:13:57 AM Judge Hippler thank you 11:14:01 AM Elissa reply argument Massoth 11:15:15 AM Judge Hippler concern is the ability to have a jury pool that has not heard this case in the media might not be admissible 11:15:45 AM Massoth comments / 11:16:04 AM Judge Hippler do forsee that information getting out to the public and then the court may not let that evidence in and state would object to anyone's that's heard of it 11:16:51 AM Massoth response, cont. argument with the court-right to fair and impartial jury 11:17:30 AM Judge Hippler response to state's concern having this motion in public he would have to admit DNA is his 11:17:58 AM Massoth response to court / cont. argument 11:18:09 AM Judge Hippler talking about the public narrative that the story is such and such admitted DNA 11:18:37 AM counsel is going to have to make a representation to have standing to argue it 11:18:55 AM Massoth not worried about that, only an upside for us to have a public hearing 11:19:19 AM Judge Hippler Intent would be the concern for the court twofold 11:19:32 AM observe the ability to get a jury for this case fair 11:19:56 AM not concerned about the public narrative-degree of publicity is so overwhelming, having jury pool exposed to information that may be excluded at trial 11:20:50 AM may be able to agree to release the hearing after the fact, harder to have to jury pool unhear 11:21:30 AM will impair the ability to empanel the fair jury 11:22:04 AM will have the evidentiary portion closed portion of the hearing on that matter 11:22:57 AM would like to hear from counsel on the argument phase of the hearing 11:23:15 AM Massoth think we will have to get to that point, will have to answer how the evidence is going to come in 11:23:52 AM Judge Hippler for much of the hearings-shouldn't be an issue, MTS, can talk about the pleadings without talking about what was produced 1/21/2025 4 of 7 Hippler-Meyer-Christie Valcich-01/21/2025-SEALED / CLOSED HEARING 1A-CRT507 11:24:37 AM Massoth response to court-worried about the IGG 11:25:33 AM Judge Hippler with respect to the IGG-challenge is the legality of relying on it to develop the suspect 11:25:55 AM Massoth response to court-explanation SNIP profile w / o a warrant 11:26:54 AM Judge Hippler maybe should consider having the IGG evidentiary portion and the argument section 11:27:18 AM would have to close the evidence on the IGG, might need to close the arguments on the IGG 11:27:38 AM Massoth would like some time on this issue, media is going to be relentless 11:28:09 AM Jeff Nye will be arguing the IGG, a lot will depend on what the defense elicits and their witnesses, difficult to predict what the state is going to say 11:28:56 AM Judge Hippler comments to counsel-lack of the certificaiton of the lab, data difference between FBI and what the used, fact of FBI acessing data bases that agreed not to or were not supposed to acess 11:30:01 AM questions state about relevance 11:31:17 AM Jeff Nye response to court 11:31:23 AM Judge Hippler question did def want to address this farther? 11:31:42 AM evidence portion sealed and argument portion open? 11:32:15 AM Massoth will follow that instruction, will need to make a record either way, very significant issue 11:32:51 AM Judge Hippler evidence specifics 11:33:07 AM Massoth? 11:33:19 AM Anne Talyor discussion of the evidentiary portion, call several witnesses, experts 11:33:58 AM do with ISP and their contact with the lab, SNIP profile, 11:34:59 AM Judge Hippler evidence will go specifically to the IGG 11:35:09 AM Anne Taylor correct, can bifurcate, IGG and Frank's on Thursday 11:35:42 AM Judge Hippler specific withesses 11:35:49 AM Massoth Franks-no witnesses, 11:36:07 AM Judge Hippler Do you have evidence you would wish to present for Thursday 11:36:28 AM Massoth don't have those witnesses subpoenad for Thursday 11:36:46 AM will have witnesses on the other motions 2 officers will be questioned on timing and service of warrants 1/21/2025 5 of 7 Hippler-Meyer-Christie Valcich-01/21/2025-SEALED / CLOSED HEARING 1A-CRT507 11:37:24 AM Judge Hippler is that protected information? 11:37:34 AM Massoth warrants have been filed under seal, some have been unseled with redactions, can revisit that 11:38:19 AM Judge Hippler if there are witnesses giving testimony on warrants, what they produced, witnesses testimony on other IGG issues 11:39:16 AM Massoth response to court 11:39:51 AM hoping to get him on the stand get all the questions out at one 11:40:34 AM Judge Hippler small portions of testimony we would have to go down from 11:40:48 AM Massoth Amazon is the only area would be the place 11:41:00 AM Judge Hippler parties to discuss what we can do publicly and what we will need to block from live stream 11:41:51 AM do want to have as much as possible be public 11:42:03 AM thought we would start the moring on IGG would be offline, after that is finished we can go live for other evidence testimony and then have argument on Friday 11:43:21 AM easy as letting Sandra know to take it off line 11:43:30 AM Bill sounds reasonable Thompson 11:43:40 AM Anne Taylor questions court 11:44:27 AM Judge Hippler response 11:44:30 AM state needs to get proffer about evidence they have and whats in the record, Franks violations and evidence 11:45:05 AM state can put on arguments that def evidence in improper 11:45:55 AM based on the defense proffer will determine if the hearing is necessary 11:46:28 AM questions / concerns 11:46:33 AM Anne Taylor response to court-questions when that would be happening 11:46:47 AM Judge Hippler before you want to put on evidence for IGG or as part of 11:47:01 AM Anne Taylor think it would make sense to do all the IGG 11:47:20 AM afternoon of Thursday after IGG 11:47:29 AM Judge Hippler questions counsel 11:47:43 AM Anne Taylor response 11:47:58 AM Judge Hippler state prepared to have a full hearing on IGG 11:48:10 AM Jeff Nye comments 1/21/2025 6 of 7 Hippler-Meyer-Christie Valcich-01/21/2025-SEALED / CLOSED HEARING 1A-CRT507 11:48:49 AM Judge Hippler are there witness the state doens't have availble? 11:50:08 AM Jeff Nye correct 11:50:14 AM Judge Hippler will send a note out later 11:50:25 AM timing makes sense to do the Franks, after the IGG 11:50:54 AM Anne Taylor depth of testimony would go into 11:51:43 AM Judge Hippler half a day or so? 11:51:48 AM Anne Talyor would extend on our side 30-40 minutes 11:52:03 AM Judge Hippler will look further in to it 11:52:47 AM comments on the sealing court is sensitve to the issue 11:53:11 AM witnesses shouldn't be talking about this stuff, what to protect on the public to not taint the jury pool 11:53:42 AM questions why are we sealing the witness lists for the hearings 11:53:59 AM protective order that talks about protected information w / o talking about what the information is 11:54:28 AM Anne Taylor response / argument 11:55:49 AM Judge Hippler might be going overboard to an extent, will seal the witness that you asked for for now, will not seal the protective order, 11:56:40 AM can file under seal and let the court know in 3 days if it should be sealed or not 11:56:59 AM need to give the court more information for sealing, be more thoughful about it 11:57:55 AM in terms of the order 11:58:00 AM IGG 11:58:06 AM Franks proffer or argument based on evidence 11:58:16 AM other witnesses Thursday afternoon-publicly available 11:58:34 AM Friday-any other evidence and arguments other MTS and Compel arguments 11:59:12 AM haven't had time for the presses motion, 11:59:32 AM will let you know if there is a hearing needed on that 11:59:42 AM Anything Else? 11:59:56 AM parties in person on Thursday and Friday. 12:00:24 PM End of Case 12:00:26 PM 12:00:26 PM 1/21/2025 7 of 7