Latest / Beyond The Horizon / Murder In Moscow: The Order To Seal The Grand Jury Witness List

Transcript

Murder In Moscow: The Order To Seal The Grand Jury Witness List · Beyond The Horizon

• 0:00
  Speaker 1: What's up, everyone, and welcome back to the program. Our
• 0:04
  Speaker 1: dive into the court documents continues in this episode as
• 0:08
  Speaker 1: we're taking a look at several different documents that have
• 0:11
  Speaker 1: hit the docket. The first one we're going to look
• 0:14
  Speaker 1: at is the state's response to defendant's motion regarding grand
• 0:19
  Speaker 1: jury record and transcript. Case number CR29-22-2805, state of Idaho plaintiff. First,
• 0:28
  Speaker 1: Brian C. Kohlberger, the defendant, comes now. The state of Idaho,
• 0:33
  Speaker 1: by and through, the Latah County prosecuting attorney, and in
• 0:37
  Speaker 1: response to the defendant's motion to make available the record
• 0:40
  Speaker 1: of all proceedings of the grand jury pursuant to I.C.R. 6.2,
• 0:46
  Speaker 1: and motion requesting release of grand jury materials under qualified
• 0:50
  Speaker 1: protective order, respectfully submits the attached proposed order for preparation
• 0:55
  Speaker 1: and release of transcript and record of grand jury proceedings
• 0:59
  Speaker 1: with conditions. A proposed stipulation for such an order was
• 1:03
  Speaker 1: provided to Defendants' Council on May 25, 2023, and is
• 1:08
  Speaker 1: being reviewed by them. Respectfully submitted this 30th day of May, 2023.
• 1:15
  Speaker 1: And this document was signed by William Thompson. The next
• 1:19
  Speaker 1: document we're going to look at is the order for
• 1:22
  Speaker 1: preparation and release of transcript and record of grand jury
• 1:25
  Speaker 1: proceedings with conditions. Case number CR 29-22-2805. State of Idaho
• 1:34
  Speaker 1: plaintiff versus Brian Christopher Kohlberger, the defendant. The above matter,
• 1:39
  Speaker 1: having come before the court and good cause appearing, it
• 1:42
  Speaker 1: is hereby ordered pursuant to Idaho Criminal Rules 6.2c and 6.3c
• 1:48
  Speaker 1: as follows. A. A transcript of the proceedings herein, except deliberations,
• 1:53
  Speaker 1: will be prepared as contemplated by Idaho Criminal Rule 6.2. B.
• 1:59
  Speaker 1: A copy of the transcript and record will be provided
• 2:02
  Speaker 1: to the state and the defense with the understanding that
• 2:05
  Speaker 1: the same will remain confidential. C. The Honorable Jay Gaskill,
• 2:10
  Speaker 1: Senior District Judge presiding over the grand jury proceeding, having
• 2:14
  Speaker 1: already issued a May 16, 2023, order releasing records and
• 2:19
  Speaker 1: proceedings pursuant to Idaho Criminal Rule 6.3c, the records and
• 2:24
  Speaker 1: proceedings of the grand jury may also be shared by
• 2:27
  Speaker 1: defense counsel and its investigators and retained experts with the
• 2:31
  Speaker 1: provisions that those individuals shall not be allowed to further
• 2:36
  Speaker 1: disclose any of the grand jury materials. D. In order
• 2:40
  Speaker 1: to protect the identities of the impaneled grand jurors, the
• 2:44
  Speaker 1: disclosed record and transcript shall be redacted prior to being
• 2:48
  Speaker 1: shared so as to remove any reference to grand jurors'
• 2:52
  Speaker 1: individual names. E. Select portions of the grand jury record
• 2:57
  Speaker 1: and transcript. may also be shared with any witnesses who
• 3:00
  Speaker 1: testified at the grand jury proceedings. But for each witness,
• 3:04
  Speaker 1: only that portion of the redacted version of the transcript
• 3:08
  Speaker 1: that contains his or her own testimony. This was signed
• 3:12
  Speaker 1: by Judge Judge. The next document we have is the
• 3:15
  Speaker 1: state's response to defendant's motion to enlarge time to file
• 3:20
  Speaker 1: pretrial motions. Case number CR 29-22-2805. State of Idaho plaintiff. vs.
• 3:28
  Speaker 1: Brian Christopher Koberger, the defendant. Comes now, the state of Idaho,
• 3:33
  Speaker 1: by and through the Latah County Prosecuting Attorney, and responds
• 3:37
  Speaker 1: to the defendant's May 19, 2023 motion to enlarge time
• 3:42
  Speaker 1: to file pretrial motions as follows. The state has no objection,
• 3:47
  Speaker 1: and in fact, concurs in the defendant's request for additional
• 3:50
  Speaker 1: time to file pretrial motions following the completion and receipt
• 3:55
  Speaker 1: of the grand jury record and transcript. In regard to
• 3:58
  Speaker 1: the grand jury record and transcript, the state has provided
• 4:02
  Speaker 1: a proposed stipulation for preparation of the same and understands
• 4:06
  Speaker 1: that counsel for the defendant is currently reviewing the stipulation
• 4:10
  Speaker 1: for finalization and filing. The state also concurs with the
• 4:15
  Speaker 1: suggestion that additional time be at least 28 days from
• 4:19
  Speaker 1: the receipt of the grand jury materials. As to the
• 4:23
  Speaker 1: discovery of The state has filed its state's request for
• 4:25
  Speaker 1: discovery disclosure, alibi demand, and is continuing to review and
• 4:30
  Speaker 1: forward discovery to the defense in accordance with Idaho Criminal
• 4:34
  Speaker 1: Rule 16 and applicable case law. Respectfully submitted this 26th
• 4:40
  Speaker 1: day of May, 2023, and this was signed by William Thompson.
• 4:45
  Speaker 1: The next document we have is the state's request for
• 4:47
  Speaker 1: discovery disclosure and alibi demand. Case number CR29-22. To the defendant,
• 5:01
  Speaker 1: Brian Christopher Koberger, and counsel Ann Taylor, please take notice
• 5:05
  Speaker 1: that the undersigned, pursuant to Rule 16 of the Idaho
• 5:09
  Speaker 1: Criminal Rules, request discovery and inspection of the following information, evidence,
• 5:15
  Speaker 1: and materials. 1. All books, papers, documents, photographs, tangible objects
• 5:21
  Speaker 1: or copies, or portions thereof, which are within the possession, custody,
• 5:25
  Speaker 1: or control of the defendant, and which the defendant intends
• 5:29
  Speaker 1: to introduce in evidence at trial. 2. All results or
• 5:34
  Speaker 1: reports of physical or mental examinations and of scientific tests
• 5:38
  Speaker 1: or experiments made in connection with this case, or copies thereof,
• 5:42
  Speaker 1: within the possession or control of the defendant, which the
• 5:46
  Speaker 1: defendant intends to introduce in evidence at trial, or which
• 5:50
  Speaker 1: were prepared by a witness whom the defendant intends to
• 5:53
  Speaker 1: call at the trial when the results or reports relate
• 5:57
  Speaker 1: to testimony of the witness. 3. A list of names
• 6:01
  Speaker 1: and addresses of all witnesses the defendant intends to call
• 6:05
  Speaker 1: at trial. 4. all written summaries or reports of any
• 6:10
  Speaker 1: testimony that the defense intends to introduce pursuant to Rules 702, 703,
• 6:16
  Speaker 1: or 705 of the Idaho Rules of Evidence at Trial
• 6:20
  Speaker 1: or Hearing. The summaries provided must describe the witnesses' opinions,
• 6:25
  Speaker 1: the facts and data for those opinions, and the witnesses' qualifications.
• 6:30
  Speaker 1: Disclosure of expert opinions regarding mental health shall also comply
• 6:34
  Speaker 1: with the requirements of I.C., Section 18-207. This shall be
• 6:41
  Speaker 1: a continuing request pursuant to Idaho Criminal Rule 16-J. The
• 6:46
  Speaker 1: undersigned further requests permission to copy and inspect said information, evidence,
• 6:51
  Speaker 1: and materials at the Prosecuting Attorney's Office, Latah County Courthouse, Moscow, Idaho, 83843,
• 6:57
  Speaker 1: within 14 days of service of this request. Further, the
• 7:03
  Speaker 1: state hereby demands of the defendant notice of defense of
• 7:07
  Speaker 1: alibi pursuant to Idaho Code 19-519 and Idaho Criminal Rule 12.1.
• 7:15
  Speaker 1: This was signed by William Thompson and it was dated
• 7:19
  Speaker 1: on May 23rd. The next document we have is the
• 7:22
  Speaker 1: motion to seal grand jury witnesses. Case number CR 29-22-2805.
• 7:26
  Speaker 1: State of Idaho plaintiff. versus Brian Christopher Kohlberger, the defendant.
• 7:35
  Speaker 1: Comes now, the state of Idaho, by and through the
• 7:37
  Speaker 1: Latah County prosecuting attorney, and respectfully moves this court pursuant
• 7:42
  Speaker 1: to Idaho Criminal Rules 6.2, 6.3, and 6.5 for an
• 7:47
  Speaker 1: order sealing the names of all the witnesses examined before
• 7:51
  Speaker 1: the grand jury herein. In support, the state respectfully represents
• 7:56
  Speaker 1: to the court that it has received numerous complaints against
• 7:59
  Speaker 1: from potential or prospective witnesses or their families and associates
• 8:04
  Speaker 1: regarding being harassed both in person and via social media.
• 8:08
  Speaker 1: The reports of harassment have included threats as well as
• 8:11
  Speaker 1: what appears to be intimidation. Given this and the broad
• 8:15
  Speaker 1: publicity surrounding these proceedings, the state respectfully submits that releasing
• 8:20
  Speaker 1: the names of the witnesses who appeared before the grand
• 8:23
  Speaker 1: jury would invite additional harassment, intimidation, and possible threats. and
• 8:28
  Speaker 1: undermine not only the integrity of this case, but the
• 8:31
  Speaker 1: party's prospective rights to a fair trial with an impartial jury. Wherefore,
• 8:37
  Speaker 1: the state respectfully prays that the court order that the
• 8:41
  Speaker 1: names of all witnesses examined before the grand jury be sealed.
• 8:45
  Speaker 1: The state has communicated with counsel for the defendant and
• 8:48
  Speaker 1: has been advised that they have no objection with the
• 8:51
  Speaker 1: understanding that the state and the defense will provide with
• 8:54
  Speaker 1: an unredacted copy of the witness list. respectfully submitted this
• 8:59
  Speaker 1: 17th day of May, 2023, and this was signed by
• 9:03
  Speaker 1: William Thompson. And the last document that we're going to
• 9:07
  Speaker 1: take a look at is the order sealing the grand
• 9:10
  Speaker 1: jury witness list. Case number CR29-22-2805, state of Idaho plaintiff,
• 9:19
  Speaker 1: versus Brian Christopher Koberger, the defendant. The above matter, having
• 9:24
  Speaker 1: come before the court, Pursuant to the state's motion, the
• 9:28
  Speaker 1: court having reviewed the same, being fully advised in the
• 9:31
  Speaker 1: premise and good cause appearing, it is hereby ordered that
• 9:34
  Speaker 1: the names of all witnesses examined before the grand jury
• 9:38
  Speaker 1: herein be sealed. This was signed on the 17th of
• 9:44
  Speaker 1: May of 2023, and it was signed by Judge Judge.
• 9:48
  Speaker 1: All right, folks, that's going to do it for this one.
• 9:50
  Speaker 1: But have no fear. The court documents are going to
• 9:53
  Speaker 1: keep coming. All of the information that goes with this
• 9:57
  Speaker 1: episode can be found in the description box.