Bryan kohberger case

Why are they hiding? Who are they trying to protect? What kind of power doesBryan kohberger Have that is in need of protecting witnesses? Why all the dramatic secrecy?

THIS MOTION SHOULD BE SUMMARILY DENIED.

Let’s talk about why.

First, the sole basis for the State’s request, I.C.A.R. 32(g), doesn’t even apply here.

There is no other legal authority cited in support of this request. I.C.A.R. 32 is entitled “Records of The Judicial Department - Examination and Copying - Exemption from and Limitations on Disclosure.

”When Judge John Judge signed the order allowing the defense team to continue its surveys of potential jurors without modification, he made an observation that I wonder if he’s going to regret

The rule covers court records subject to disclosure under Idaho’s Public Records Act. It defines court records as written materials in a court file:preferences from judges - their legal interpretations are assumed to be correct, their witnesses are assumed to be truthful, and their requests are assumed to be well-grounded in the law and the facts. So judges trust the prosecutor to give them the legal analysis and the facts that they need to justify giving the prosecutor what he wants.

With this filing, the prosecutor has made it clear that Judge Judge cannot rely on them to protect his rulings. They not only gave him wrong law, they have ignored the applicable law. They have not proposed exactly what specific factual findings they are asking him to make to support a conclusion that hearing the information they are not handing over to the defense and their reasons for it are so damaging to Bryan’s right to a fair trial that the entire hearing must be closed off to observers. They have not considered any less restrictive alternatives to closing the courtroom for the entire hearing and suggested why those would be insufficient under the circumstances. In effect, they’ve handed the judge a live grenade, assured him it’s an apple, and invited him to take a bite.

From the very beginning of this case, the parties and the judge have been all too willing to give the First Amendment short shrift. I don’t know if this desire for secrecy is cultural in Idaho - right next door in Washington, we have a vibrant open courts jurisprudence arising under our own constitution to such an extent that even imagining sealing off a hearing like this is virtually unheard-of. But it has already led to voluminous litigation that has taken their time and attention away from the merits of this case. Closing the courtroom has every likelihood of inviting more challenges from the press. If there are reasons to believe that Bryan Kohberger is not the murderer, that information needs to be shared to counter the pervasive public narrative of his guilt that has already been established so that the jury pool is not hearing only one side. It’s time for everyone in charge of this case to embrace the value of transparency - the entire world needs to see for itself whether the process unfolding in Judge Judge’s court is a fair one.

By https://www.substack.com/@aburkhartlaw

https://andreaburkhart.substack.com/p/if-im-judge-judge-im-not-happy-with?s=09