Court Filing
Filed: 09/03/2025 09:19:00 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 AND REDACTING RECORDS BRYAN C. KOHBERGER, Defendant. The following documents identified in the Court's August 4, 2025 Order Regarding Sealed Documents, objected to at least in part by one or both parties, are to be unsealed, though several with redactions: items 2, 4, 7, 10, 12, 19, 20, 33, 34, 38, 39, 42 and 43. The bases for unsealing and redacting are as follows: # 2: 7/23/25: Orders Modifying / Amending No Contact Order (7): There is no further justification under I.C.A.R 32 (i) (3) (A) to warrant the continued sealing of these Orders. However, the Court orders that the dates of birth of the Defendant and of the protected persons be REDACTED pursuant to I.C.A.R. 32 (i) (3) (A) (7). # 4: 7/9/25: Exhibit S-1 to State's Response to Defendant's 24th Supplemental Request for Discovery: The name of the individual identified within this document has already been widely disseminated by the media; thus, there is no justification under I.C.A.R 32 (i) (3) (A) to warrant the continued shielding of her name. However, the Court orders that the individual's date of birth be REDACTED pursuant to I.C.A.R. 32 (i) (3) (A) (7). In addition, the State's assigned AV and Bates 1 numbers identifying the location of the discovery is not protected work product as contemplated by I.C.R. 16 (g) (1) ¹ and, therefore, will not be redacted. # 7: 6/27/25: 2nd Notice of Filing Defendant's Additions / Objections to the Juror Questionnaire: There is nothing in this record that justifies continued sealing under I.C.A.R 32 (i) (3) (A). Completed juror questionnaires are confidential under I.C.A.R. 32 (g) (8) to protect juror privacy, but that is not implicated in this record. Consequently, it shall be UNSEALED without redactions. # 10: 6/25/25: Exhibit W to Defendant's 24th Supplemental Request for Discovery: The name of the individual identified within this document has already been widely disseminated by the media; thus, there is no justification under I.C.A.R 32 (i) (3) (A) to warrant the continued sealing of her name. However, the Court orders that the individual's date of birth be REDACTED pursuant to I.C.A.R. 32 (i) (3) (A) (7). # 12: 6/18/25: Court Minutes for Closed Session RE: Motion Concerning Alternate Perpetrators: Although there is no there is no longer a justification under I.C.A.R 32 (i) (3) (A) to warrant the continued sealing of the entire document, there were discussions recorded within the minutes that require protection. First, the minutes at 1:31:52 p.m. refer to identifying information of the proffered alternate perpetrators, the revealing of which would contravene the privacy concerns of these individuals and likely subject them to undue harassment. Thus, this reference will be REDACTED pursuant to I.C.A.R. 32 (i) (3) (A) (1) and (7). Second, the minutes starting at 1:36:17 through 2:07:05 p.m. document discussions regarding the status of an ongoing 1 That rule identifies the prosecutor's work product as: " (A) legal research or of records, (B) correspondence, or (C) reports of memoranda to the extent that they contain the opinions, theories or conclusions of the prosecuting attorney or members of the prosecuting attorney's legal staff. " The rule does not protect the prosecutor's assigned location of discovery. 2 investigation into a potential leak in this case. This information is exempt from disclosure under I.C.A.R 32 (g) (1) and I.C. § 74-124 (a) and, therefore, shall be REDACTED. # 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: There is no further justification under I.C.A.R 32 (i) (3) (A) to warrant the continued sealing of this filing. However, in the interests of privacy and to guard against likely harassment, the Court orders that the names of the proffered alternate perpetrators and other identifying information be REDACTED pursuant to I.C.A.R. 32 (i) (3) (A) (1) and (7). # 20: 6/12/25: State's Motion to Amend Witness List and Supplement Expert Disclosure: There is no further justification under I.C.A.R 32 (i) (3) (A) to warrant the continued sealing of this filing. The name of the retained expert witness identified in this filing was previously revealed publicly in this case and the unsealing of the document with the expert's name is unlikely to result in undue harassment. Consequently, it shall be UNSEALED without redactions. # 33: 6/9/25: Order Granting Defense Expert Analysis of Evidence: Although there is no there is no longer a justification under I.C.A.R 32 (i) (3) (A) to warrant the continued sealing of the entire order, the Court orders the identifying information (name and address) of the expert identified therein be REDACTED pursuant to I.C.A.R. 32 (i) (3) (A) (1) and (7) until such time the Court has heard from the parties regarding the privacy concerns related to the individual and makes a determination whether to further unseal the document. # 34: 6/6/25: State's Response RE: Defendant's Motion for Independent Analysis of Evidence: There is no there is no longer a justification under I.C.A.R 32 (i) (3) (A) to warrant continued sealing of the filing. The sole objection was the revealing of " the expert's name and address, " but 3 this information is not included in the filing. Consequently, it shall be UNSEALED without redactions. # 38: 6/6/25: Motion for Independent Analysis of Evidence: See, # 33, supra. # 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 Perpetrator ”: There is no further justification under I.C.A.R 32 (i) (3) (A) to warrant the continued sealing of this filing. However, in the interests of privacy and to guard against potential harassment, the Court orders that the names and other information that could be used to identify the proffered alternate perpetrators be REDACTED pursuant to I.C.A.R. 32 (i) (3) (A) (1) and (7). The unsealing of this filing, however, does not extend to the appended " Table of Contents " listing the State's exhibits to the filing, nor does it apply to the exhibits themselves, both of which shall remain sealed. # 42: 6/3/25: Exhibit S-1 to State's Response to Defendant's 23rd Supplemental Request for Discovery: There is no further justification under I.C.A.R 32 (i) (3) (A) to warrant the continued sealing of this filing. In addition, the redactions requested by the State will not be made. The State's assigned AV and Bates numbers identifying the location of the discovery is not protected work product as contemplated by I.C.R. 16 (g) (1). Further, the release of the names of law enforcement officers and experts disclosed as testifying witnesses in this case do not implicate privacy concerns sufficient to warrant redaction. Thus, the filing shall be UNSEALED without redactions. # 43: 6/2/25: Exhibit V to Defendant's 23rd Supplemental Request for Discovery: This item will be unsealed consistent with the Court's ruling related to item # 42, supra. 4 IT IS SO ORDERED. DATED this 2 day of September, 2025. Steven Hippler District Judge 5 CERTIFICATE OF SERVICE I hereby certify that on 9/3/2025 I served a true and correct copy of the ORDER UNSEALING AND REDACTING RECORDS 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: Wa Deputy Clerk 9/3/2025 9:20:34 AM CERTIFICATE OF SERVICE