BOISE, Idaho — The judge overseeing the Bryan Kohberger case has and has ordered both the prosecution and defense to preserve all records related to the investigation.
According to newly released court documents, the order came in response to information disclosed in the May 9 episode of NBC’s Dateline titled “The Terrible Night on King Road.” The court found that details aired during the program had not been previously made public and likely originated from someone bound by a non-dissemination order.
Two separate orders were issued, one directed at law enforcement and prosecutors, and the other at the defense. Both mandate the preservation of all electronic and physical records, including emails, text messages, phone logs and metadata, related to communications with third parties, including members of the media, about the investigation or prosecution.
The court said the alleged leak could compromise the fairness of the trial, make it more difficult to seat an impartial jury and increase costs to taxpayers.
The court docs said that prosecutors have four days to submit a list of people who had access to sensitive case materials and seven days to submit a written plan to prevent future unauthorized disclosures. The defense has seven days to provide a list of team members with access to investigative materials, including surveillance footage and electronic data, and must distribute the court order to all involved parties.
Violations of the order could result in contempt of court or other legal consequences.
The trial is scheduled to begin in August in Ada County.
