Declaration of Wendy Olson

Electronically Filed
7/3/2025 7:37 PM

Fourth Judicial District, Ada County Trent Tripple, Clerk of the Court
By: Jennifer Keyes, Deputy Clerk Wendy J. Olson, Bar No. 7634 wendy.olson@stoel.com Cory M. Carone 11422 cory.carone@stoel.com Anders Pedersen, Bar No. 11626 anders.pedersen@stoel.com
STOEL RIVES LLP

101 S. Capitol Boulevard, Suite 1900 Boise, ID 83702
Telephone: 208.389.9000
Facsimile: 208.389.9040 Attorneys for Interested Parties
IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA

STATE OF IDAHO,

Plaintiff, Case No. CR01-24-31665
V. DECLARATION OF WENDY J. OLSON

IN SUPPORT OF MOTION TО ВЕ

BRYAN C. KOHBERGER, HEARD AS INTERESTED PARTIES

AND VACATE NONDISSEMINATION

Defendant. ORDER
AMERICAN BROADCASTING

COMPANIES, INC., D / B / A / ABC NEWS;

THE ASSOCIATED PRESS; BONNER

COUNTY DAILY BEE; CBS NEWS; CNN;

COWLES PUBLISHING, D / B / A / THE

SPOKESMAN-REVIEW; COEUR D'ALENE

PRESS; DAILY MAIL;

EASTIDAHONEWS.COM, LLC, D / B / A /

EAST IDAHO NEWS; FOX NEWS; IDAHO

PRESS CLUB; ION MEDIA NETWORKS,

LLC, D / B / A COURT TV; KXLY; LEWISTON

TRIBUNE / TPC HOLDINGS INC.; MOSCOW-

PULLMAN DAILY NEWS / TPC HOLDINGS

DECLARATION OF WENDY J. OLSON IN SUPPORT OF MOTION TO BE HEARD AS
INTERESTED PARTIES AND VACATE NONDISSEMINATION ORDER-1

129512940.2 0099999-00006

INC.; SCRIPPS MEDIA, INC., D / B / A / KIVI-

TV; SOCIETY OF PROFESSIONAL

JOURNALISTS; STATES NEWSROOM,

D / B / A / IDAHO CAPITAL SUN; TEGNA;

THE MCCLATCHY COMPANY, LLC, D / B / A

THE IDAHO STATESMAN; THE NEW

YORK TIMES COMPANY; NBC NEWS;

NEWSNATION; and UNIVERSITY OF
IDAHO STUDENT MEDIA / THE

ARGONAUT,

Interested Parties.

I, Wendy J. Olson, declare as follows:
1. I am a partner at Stoel Rives LLP and an attorney of record for the Media Coalition Interested Parties in the above-entitled matter. As such, I have personal knowledge of the facts and statements contained in this declaration. I submit this declaration in support of the Interested Parties ' Motion to Vacate Nondissemination Order.

2. Attached hereto as Exhibit A is a true and correct copy of the Revised Amended Nondissemination Order dated June 23, 2023 in the State of Idaho v. Bryan C. Kohberger, Latah County Case No. CR29-22-2805.

3. Attached hereto as Exhibit B is a true and correct copy of the Order Denying the Associated Press's Motion to Vacate the Amended Nondissemination Order dated June 23, 2023 in the State of Idaho v. Bryan C. Kohberger, Latah County Case No. CR29-22-2805.

I certify under penalty of perjury pursuant to the laws of the state of Idaho that the foregoing is true and correct to the best of my knowledge.

DECLARATION OF WENDY J. OLSON IN SUPPORT OF MOTION TO BE HEARD AS
INTERESTED PARTIES AND VACATE NONDISSEMINATION ORDER-2

129512940.2 0099999-00006

DATED: July 3, 2025. STOEL RIVES LLP / s / Wendy J. Olson Wendy J. Olson Attorneys for Interested Parties
DECLARATION OF WENDY J. OLSON IN SUPPORT OF MOTION TO BE HEARD AS
INTERESTED PARTIES AND VACATE NONDISSEMINATION ORDER-3

129512940.2 0099999-00006

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 3rd day of July 2025, I served a true and correct copy of the within and foregoing DECLARATION OF WENDY J. OLSON IN SUPPORT OF
MOTION TO BE HEARD AS INTERESTED PARTIES AND VACATE

NONDISSEMINATION ORDER upon the following named parties by the method indicated below, and addressed to the following:
William W. Thompson, Jr. Hand Delivered Prosecuting Attorney Via Facsimile Ashley Jennings U.S. Mail Senior Deputy Prosecuting Attorney Via email Joshua D. Hurwit X Via iCourt efile & serve at:
Special Deputy Prosecuting Attorney paservice@latahcountyid.gov Latah County Prosecutor's Office Anne C. Taylor Hand Delivered Anne Taylor Law, PLLC Via Facsimile U.S. Mail Via email X Via iCourt efile & serve at:
info@annetaylorlaw.com Jeffrey D. Nye Hand Delivered Special Assistant Attorney General Via Facsimile Madison Allen U.S. Mail Special Assistant Attorney General Via email Via iCourt efile & serve at:
jeff.nye@ag.idaho.gov madison.allen@ag.idaho.gov Jay W. Logsdon Hand Delivered Idaho State Public Defender's Office Via Facsimile First District Public Defender U.S. Mail Via email X Via iCourt efile & serve at:
jay.logsdon@spd.idaho.gov Elisa G. Massoth Hand Delivered Elisa G. Massoth, PLLC Via Facsimile U.S. Mail Via email X Via iCourt efile & serve at:
emassoth@kmrs.net
DECLARATION OF WENDY J. OLSON IN SUPPORT OF MOTION TO BE HEARD AS
INTERESTED PARTIES AND VACATE NONDISSEMINATION ORDER-4

129512940.2 0099999-00006

Bicka Barlow Hand Delivered Pro Hac Vice Via Facsimile U.S. Mail Via email X Via iCourt efile & serve at:
bickabarlow@sbcglobal.net / s / Wendy J. Olson Wendy J. Olson
DECLARATION OF WENDY J. OLSON IN SUPPORT OF MOTION TO BE HEARD AS
INTERESTED PARTIES AND VACATE NONDISSEMINATION ORDER-5

129512940.2 0099999-00006

EXHIBIT A

Filed: 06/23/2023 16:16:34 Second Judicial District, Latah County Julie Fry, Clerk of the Court
By: Deputy Clerk-Mottern, Beth
IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH

STATE OF IDAHO, Case No. CR29-22-2805 Plaintiff, REVISED AMENDED
VS. NONDISSEMINATION ORDER

BRYAN C. KOHBERGER,

Defendant.

As discussed in detail in this Court's Order Denying Shanon Gray's Request to be Exempt from the Amended Nondissemination Order and Granting Request that the Order be Clarified and this Court's Order Denying the Associated Press's Motion to Vacate the Amended Nondissemination Order, the Court must attempt to balance the Sixth Amendment right to a fair trial with the First Amendment rights to free speech and free press. To preserve the right to a fair trial, some curtailment of the dissemination of information in this case is necessary and authorized under the law.¹
THEREFORE, THE FOLLOWING IS ORDERED:

1. The prosecuting attorneys, defense attorneys, any agents of the prosecuting attorneys and defense attorneys, and any attorneys representing witnesses, victims, or a victim's family are prohibited from making extrajudicial statements (written or oral) that the Sheppard v. Maxwell, 384 U.S. 333, 86 S. Ct. 1507, 16 L. Ed. 2d 600 (1966); Nebraska Press Ass'n v. Stuart, 427 U.S. 539, 96 S. Ct. 2791, 49 L. Ed. 2d 683 (1976); Gentile v. State Bar of Nevada, 501 U.S. 1030, 111 S. Ct. 2720, 115 L. Ed. 2d 888 (1991); Levine v. U.S. Dis. Ct. for Cent. Dist. Of California, 764 F.2d 590 (9th Cir. 1985); Idaho Rules of Profession Conduct, Rule 3.6.

REVISED AMENDED NONDISSEMINATION ORDER-1

lawyer or agent knows or reasonably should know will have a substantial likelihood of materially prejudicing or otherwise influencing the outcome of the case. This order specifically prohibits any out-of-court statement, which a reasonable person would expect to be disseminated by means of public communication, that relates to the following:
a. The identity or nature of evidence expected to be presented at trial or any sentencing phase of the proceedings;
b. Any information a lawyer knows or reasonably should know is likely to be inadmissible as evidence in a trial, and that would, if disclosed, create a substantial risk of prejudicing an impartial trial;
c. The character, credibility, reputation, or criminal record of a party, victim, or witness;
d. The identity of a witness;
e. The expected testimony of a party, victim, or witness;
f. The performance or results of any examination or test or the refusal or failure of the Defendant or a witness to submit to an examination or test;
g. Any opinion as to the guilt or innocence of the Defendant;
h. The possibility of a plea of guilty to the offenses or any comment on any plea discussions;
i. The existence of or contents of any confession, admission, or statement by the Defendant, or the refusal of the Defendant to make any statement;
j. Any information obtained by witnesses, the victims ' families, or their attorneys from the State that is confidential and has not been publicly disclosed by the prosecuting attorneys.

2. Attorneys involved in the case and their agents, as outlined in paragraph 1, may make extrajudicial statements (written or oral) concerning the following:
a. The claim, offense, or defense involved and, except when prohibited by law, the identify of the parties involved;
b. Information contained in the public record;
с. That an investigation is ongoing;
d. The scheduling or result of any step in the litigation;
REVISED AMENDED NONDISSEMINATION ORDER-2

e. A request for assistance from the public in obtaining evidence and information necessary to the State's case or the defense's case;
f. A warning of danger concerning the behavior of a person involved, when there is reason to believe that there exists the likelihood of substantial harm to an individual or to the public interest;
g. The identity, residence, occupation, and family status of the accused;
h. The fact, time, and place of arrest;
i. The identity of investigating and arresting officers or agencies and the length of the investigation; and j. A statement that a reasonable lawyer would believe is required to protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the lawyer or the lawyer's client. Any such statement shall be limited to such information as is necessary to mitigate the recent adverse publicity.

3. No individual covered by this Revised Amended Nondissemination Order shall deliberately avoid its proscriptions by actions, directly or indirectly, that result in violating this order.

4. This Revised Amended Nondissemination Order shall remain in full force and effect until the conclusion of a trial and any sentencing proceedings that may follow unless otherwise ordered by this court.

SO ORDERED this 23rd day of June 2023. Jove John C. Judge District Judge
REVISED AMENDED NONDISSEMINATION ORDER-3

CERTIFICATE OF SERVICE

I certify that copies of the REVISED AMENDED NONDISSEMINATION ORDER were delivered by email to the following:
William W. Thompson, Jr., and Bradley Rudley Latah County Prosecuting Attorney Paservice@latah.id.us Jeffery Nye Deputy Attorney General Jeff.nye@ag.idaho.gov Ingrid Batey Deputy Attorney General Ingrid.batey@ag.idaho.gov Anne C. Taylor and Jay Logsdon Attorney for Defendant pdfax@kcgov.us Elisa C. Massoth Attorney for Defendant emassoth@kmrs.net Wendy J. Olson Attorney for the Associated Press Wendy.olson@stoel.com Cory M. Carone Attorney for the Associated Press Cory.carone@stoel.com Shanon Gray Attorney for Goncalves family shanon@graylaw.org on this 23rd day of June 2023.

CLERK OF THE COURT

Sedtera By:
Deputy Clerk
REVISED AMENDED NONDISSEMINATION ORDER-4

EXHIBIT В

Filed: 06/23/2023 16:26:54 Second Judicial District, Latah County Julie Fry, Clerk of the Court
By: Deputy Clerk-Mottern, Beth
IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF

THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAН

) STATE OF IDAHO,) Case No. CR29-22-2805 ) Plaintiff,)
) ORDER DENYING THE

VS.) ASSOCIATED PRESS'S MOTION

) TO VACATE THE AMENDED

BRYAN C. KOHBERGER,) NONDISSEMINATION ORDER

) Defendant.)

I. INTRODUCTION

This Order addresses the Motion to Vacate the Amended Nondissemination Order filed by Intervenors, a coalition of 20 media outlets¹ that will be collectively referred to as the " Associated Press. " The Amended Nondissemination Order does not restrict, restrain, or in any way enjoin the press from reporting on or publishing information they obtain through their own investigations or interviews. The Amended Nondissemination Order is not a " gag order " on the media. Instead, the 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 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.

ORDER DENYING THE ASSOCIATED PRESS'S

MOTION TO VACATE THE AMENDED

NONDISSEMINATION ORDER-1

Amended Nondissemination Order restricts attorneys directly involved in the case who are representing a party, a witness, or a victim's family, and the agents for those attorneys, including law enforcement, from making certain statements about the case to the media or the public. Because " [m] embership in the bar is a privilege burdened with conditions, " Gentile v. State Bare of Nevada, 501 U.S. 1030, 1066, 111 S. Ct.2720, 2740, 115 L. Ed. 2d 888 (1991), the U.S. Supreme Court has recognized that " the speech of lawyers representing clients in pending cases may be regulated under a less demanding standard than that established for regulation of the press. " Id. at 1076, 111 S. Ct. at
2744. " As officers of the court, court personnel and attorneys have a fiduciary responsibility not to engage in public debate that will redound to the detriment of the accused or that will obstruct the fair administration of justice. " Id. at 1074, 111 S. Ct. at 2744.

The purpose of the Amended Nondissemination Order, which was stipulated to by the parties, is to protect Defendant Bryan C. Kohberger's (" Kohberger ") right to a fair trial by an impartial jury as guaranteed by the Sixth Amendment. " Few, if any, interests under the Constitution are more fundamental than the right to a fair trial by ' impartial ' jurors, and an outcome affected by extrajudicial statements would violate that fundamental right. " Id. at 1075, 111 S. Ct. at 2745.

The Associated Press's Motion to Vacate the Amended Nondissemination Order is denied.

This Court has the authority to regulate the speech of attorneys participating in this case, and the agents for those attorneys, to ensure that Kohberger is not denied his right to a fair trial by an impartial jury because of extrajudicial prejudicial statements. However, this Court will issue a Revised Amended Nondissemination Order that clarifies what cannot be discussed and what can be 2 The term " parties " is a precise legal term used to describe the State and the Defendant, Bryan Kohberger. There are no other parties to this case.

ORDER DENYING THE ASSOCIATED PRESS'S

MOTION TO VACATE THE AMENDED

NONDISSEMINATION ORDER-2

discussed. The Revised Amended nondissemination Order (1) is limited to apply only to speech that is substantially likely to have a materially prejudicial effect on the right to a fair trial; (2) applies equally to all attorneys participating in the case; (3) is neutral as to points of view; and (4) restricts attorneys ' comments only until after the trial and any sentencing proceedings that may take place.

The Revised Amended Nondissemination Order is reasonable considering the facts of this case: (1) the evidence presented by the defense showing the pervasiveness of media coverage, including coverage prejudicial to Kohberger and coverage that includes extrajudicial statements by an attorney participating in the case; and (2) the impact such prejudicial news coverage has on potential jurors and the fair administration of justice. The restriction imposed serves a legitimate purpose, and the very limited incidental effects of the Revised Amended Nondissemination Order on the media's First Amendment rights are overridden by the compelling interest in ensuring that Kohberger's right to a fair trial under the Sixth Amendment is not jeopardized.

II. BACKGROUND

On November 13, 2022, four University of Idaho students, Kaylee Goncalves, Madison Mogen, Xana Kernodle, and Ethan Chapin, were found deceased in Goncalves, Mogen, and Kernodle's off-campus home in Moscow, Idaho. The cause of death for each was ruled a homicide.

As news of the tragedy broke, media outlets from around the country descended upon Moscow. As law enforcement investigated, news stations, newspapers, and social media were flooded with stories and speculation about the homicides and law enforcement's investigative efforts and abilities. Throughout the course of the investigation, the Moscow Police Department, in partnership with the University of Idaho, the Latah County Prosecutor's Office, and the Idaho State Police, held press briefings to answer questions and reassure the public. Appropriately, the information released was limited to protect the integrity of the ongoing investigation.

ORDER DENYING THE ASSOCIATED PRESS'S

MOTION TO VACATE THE AMENDED

NONDISSEMINATION ORDER-3

On December 30, 2022, Kohberger was arrested and charged with four counts of Murder in the First Degree and one count of Burglary. Again, media outlets descended upon Moscow and the news coverage quickly focused on Kohberger.

The same day that Kohberger was charged, his attorney filed a Motion for Nondissemination Order asking the magistrate judge to enter an order " barring parties, their attorneys, investigators, law enforcement personnel, and potential witnesses from discussing [the case] with any public communications media. " Thereafter, on January 3, 2023, the defense and the State filed a Stipulation for Nondissemination Order “ prohibiting attorneys, investigators, and law enforcement personnel from making any extrajudicial statement, written or oral, concerning this case, other than a quotation from or reference to, without comment, the public records of the Court in this case. " The same day, the magistrate judge entered a Nondissemination Order prohibiting " the parties to the [case], including investigators, law enforcement personnel, attorneys, and agents of the prosecuting attorney or defense attorney,... from making extrajudicial statements, written or oral, concerning this case, other than a quotation from or reference to, without comment, the public records of the case. " On January 13, 2023, the magistrate judge held an in-chambers, off-the-record conference with Latah County Prosecuting Attorney William W. Thompson, Jr., Senior Deputy Prosecutor Ashley S. Jennings, defense counsel Anne C. Taylor, attorneys for two witnesses in the case, and Shanon Gray, attorney for the Goncalves family. A summary of the meeting, as prepared by the parties in the case, was filed with the Idaho Supreme Court on March 3, 2023, as part of the Declaration of Deborah A. Ferguson in the case of In re Petition for Writ of Mandamus or Writ of Prohibition, No. 50482, 2023 WL 3050829 (Idaho Apr. 24, 2023). The purpose of the conference was to address the applicability of the Nondissemination Order to the attorneys both present as
ORDER DENYING THE ASSOCIATED PRESS'S

MOTION TO VACATE THE AMENDED

NONDISSEMINATION ORDER-4

parties to the case and the attorneys participating in the case. The magistrate judge reminded the attorneys that this case is a high-profile case with both national and international media coverage, and that they each have a duty under the Idaho Rules of Professional Conduct to not interfere with the parties ' right to a fair trial. The magistrate advised the attorneys that it was not their job to disseminate information to the media. The magistrate judge stated that the Nondissemination Order did not restrict the attorneys ' nonparty clients from speaking to the media, but reiterated the importance of the case being tried in a court of law and not the media and encouraged each attorney to advise their clients accordingly in order to preserve the right to a fair trial by an impartial jury.

On January 18, 2023, the magistrate judge, based on the stipulation of the parties, entered the Amended Nondissemination Order to balance Kohberger's and the State's right to a fair trial and the " right to free expression as afforded under both the United States an