BOISE, ID – Judge Steven Hippler has ordered law enforcement and prosecution personnel involved in the Bryan Kohberger case to preserve all communications and records after a recent national television broadcast appeared to reveal confidential information related to the investigation.
The order, issued May 15, was prompted by the airing of a Dateline NBC episode titled “The Terrible Night on King Road” on May 9. The court believes the episode may have included information that had not been publicly released and that someone connected to the case may have violated an existing court order restricting the sharing of case details.
In the order, the judge expressed concern that unauthorized disclosures could disrupt the legal process, delay jury selection, and potentially increase costs for Latah County by extending trial proceedings or requiring sequestration of jurors.
The court’s directive applies to anyone—past or present—who worked in any capacity with law enforcement or prosecutorial agencies connected to the investigation. These individuals are prohibited from deleting or altering any files, including emails, text messages, call logs, metadata, and communications through any messaging platforms, whether those communications were made on personal or official devices.
This includes any discussion or exchange of information with outside parties, such as journalists or members of the public, that pertains to Kohberger, the investigation, or the homicides involved in the case. The court also instructed that automatic deletion settings on devices and apps must be disabled to avoid accidental loss of evidence.
Within seven days, the State is required to submit a sealed list of all individuals who had access to key pieces of evidence, including surveillance footage, cellphone records, online activity, and other digital content linked to Kohberger. The prosecution must also distribute the preservation order to those individuals and confirm that it has done so.
Additionally, the court ordered the State to develop and submit a plan outlining how it will prevent future leaks. This plan must also describe what has already been done—or will be done—to determine if prior court orders were violated and, if so, who was responsible.
Non-compliance with the court’s order could lead to contempt proceedings or other legal penalties.
Kohberger is accused in the November 2022 killings of four University of Idaho students at an off-campus rental home in Moscow. The case has received widespread media attention, and concerns about maintaining a fair trial have been ongoing as it approaches a potential trial date later this year.
