Court Filing
Electronically Filed 7/24/2023 5:02 PM Second Judicial District, Latah County Julie Fry, Clerk of the Court Anne C. Taylor, Public Defender By: Tamzen Reeves, Deputy Clerk Kootenai County Public Defender PO Box 9000 Coeur d'Alene, Idaho 83816 Phone: (208) 446-1700; Fax: (208) 446-1701 Bar Number: 5836 iCourt Email: pdfax@kcgov.us Elisa G. Massoth, PLLC Attorney at Law P.O. Box 1003 Payette, Idaho 83661 Phone: 208-642-3797; Fax: 208-642-3799 Assigned Attorney: Anne C. Taylor, Public Defender, Bar Number: 5836 Jay W. Logsdon, Chief Deputy Public Defender, Bar Number: 8759 Elisa G. Massoth, Attorney at Law, Bar Number: 5647 IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH STATE OF IDAHO CASE NUMBER CR29-22-2805 Plaintiff, NOTICE OF DEFENDANT'S RESPONSE TO STATE'S ALIBI DEMAND V. BRYAN C. KOHBERGER, Defendant. COMES NOW, Bryan C. Kohberger, by and through his attorney of record, Anne C. Taylor, Public Defender, and hereby files notice in response to the demand for alibi and in compliance with Idaho Code §19-519 and Idaho Criminal Rule 12.1. Mr. Kohberger notes that Idaho Code §19-519 (4) preserves his Constitutional right to silence as well as to testify on his own behalf. Mr. Kohberger stands firm on his Constitutional right as well as the statutory recognition of that right. Noteworthy is that an alibi “ indicates a line of proof by which the defendant attempts to show that he could not have committed the crime of which he is accused because he was elsewhere at the time. " C.C. Bjorklund, Alibi NOTICE OF DEFENDANT'S RESPONSE TO STATE'S ALIBI DEMAND Page 1 Defense, 27 Am. Jur. Proof of Facts 2d 431 (2023). A defendant's denial of the charges against him does not constitute an alibi, but as soon as he offers evidence that he was at some place other than where the crime of which he is charged was committed, he is raising the alibi defense. Mr. Kohberger's defense team continues investigating and preparaing his case. Evidence corroborating Mr. Kohberger being at a location other than the King Road address will be disclosed pursuant to discovery and evidentiary rules as well as statutory requirements. It is anticipated this evidence may be offered by way of cross-examination of witnesses produced by the State as well as calling expert witnesses. DATED this 24 day of July, 2023. ANNE C. TAYLOR, PUBLIC DEFENDER ΚΟΟΤΕΝΑI COUNTY PUBLIC DEFENDER an BY: ANNE TAYLOR PUBLIC DEFENDER ASSIGNED ATTORNEY CERTIFICATE OF DELIVERY I hereby certify that a true and correct copy of the foregoing was personally served as indicated below on the 24 day of July, 2023 addressed to: Latah County Prosecuting Attorney -via Email: paservice@latahcountyid.gov Elisa Massoth-via Email: legalassistant@kmrs.net Ingrid Batey – via Email: ingrid.batey@ag.idaho.gov Jeff Nye – via Email: jeff.nye@ag.idaho.gov Del NOTICE OF DEFENDANT'S RESPONSE TO STATE'S ALIBI DEMAND Page 2