Attorneys appear to be examining Bryan Kohberger’s academic and employment histories ahead of the defendant’s June preliminary hearing.
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Subpoenaed materials are not available to the public, but Kohberger’s high school transcripts were set to be among the district’s response to January’s subpoena, according to the emails. On the advice of a school attorney, the district planned to notify Kohberger of their release to satisfy the Family Educational Rights and Privacy Act (FERPA), a federal law that limits handing over such records without a student’s prior consent. The law includes an exception for subpoenas.
“We cannot just turn over his student records without placing him on notice of this,” attorney Mark Fitzgerald said in a Jan. 20 email to school district leaders. “My suggestion is send a notice to the (jail) in Idaho indicating that we intend on complying with the subpoena. Obviously this is the least of his problems but we need to adhere to the law here.”
Employee personnel files do not have the same protections, Fitzgerald told the district’s human resources director, CC’ing James Konrad, the superintendent.
Konrad and Pleasant Valley High School co-principals Jonathan Ayre and Brian Boylan haven’t responded to Statesman requests for comment dating to February, including a follow-up made earlier this month.
The Statesman’s formal request for records from the school district about Kohberger’s prior employment also was partially denied. In its February response, the district said it withheld several documents, citing several Pennsylvania exemptions, including non-criminal investigations or complaints, written criticisms of an employee, or discipline, demotion or discharge records in a personnel file.
Kohberger resigned from his position in June 2021, school district records showed.
“I decided to resign or retire freely and voluntarily after considering my options …” a district resignation/retirement form letter signed by Kohberger read. “… I understand that if I do not resign, I have a right to a school board hearing to determine if I should be dismissed from employment with the school district.”