Reply in Support of Motion to Rescind

Electronically Filed
4/1/2024 4:17 PM

Second Judicial District, Latah County Julie Fry, Clerk of the Court
By: Tamzen Reeves, Deputy Clerk Anne C. Taylor, Public Defender 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 LATAН

STATE OF IDAHO CASE NUMBER CR29-22-2805

Plaintiff, REPLY IN SUPPORT OF MOTION ΤΟ
RESCIND ORDER FOR FAILURE TO

V. PROVIDE DUE PROCESS

BRYAN C. KOHBERGER,

Defendant.

COMES NOW, Bryan C. Kohberger, by and through his counsel of record, and hereby submits this Reply in Support of Motion to Rescind Order issued by this Court on March 22, 2024, without providing procedural due process.

The State's Objection and Declaration to Defendant's Motion to Rescind the Order of the Court filed March 22, 2024 confirms it knew by March 8, 2024 of the survey. The State knew by March 11, 2024 the survey was being conducted by a legitimate company. By March 21, 2024 the Defense had explained basis and validity of the survey, yet Friday afternoon the State filed a
REPLY IN SUPPORT OF MOTION TO RESCIND

ORDER FOR FAILURE TO PROVIDE DUE PROCESS Page 1

motion alleging violation of the Revised Nondissemination Order. This was the first mention the State made of such an allegation. The afternoon filing on March 22, 2024 was done with the intention of obtaining an immediate order without a hearing. Of note, due to the bias and interconnectivity in Latah County, citizens called police and the prosecutor about the survey. The ability of a prosecutor to have an order signed by a judge within the same building, within a few hours of the filing, and a specific fear the Defense had articulated to the State during the March 21, 2024 meeting, is evidence of the State's intention to facilitate a due process violation.

The Fourth Amendment of the United States Constitution and Article 1, Section 13 of the Idaho State Constitution protect Mr. Kohberger's rights. He is entitled to meaningful notice and a meaningful opportunity to be heard. That did not happen here. The State points the Court to State v. Head, 172 Idaho 564, 535 P.3d 188 (2023) for the proposition that since Mr. Kohberger had received a copy of the State's pleadings, and responded with an objection and request to provide further briefing to the court, Mr. Kohberger received due process. In Head, the defendant was given multiple hearings and 90 days to respond to a civil proceeding. Reference to Head illustrates the significance of the constitutional deprivation for Mr. Kohberger. Even more significant is the case of Nye v. Katsilometes, 165 Idaho 455, 447.3d 903 (2019):
[t] he due process clause of the Fourteenth Amendment prohibits deprivation of life, liberty, or property without fundamental fairness through governmental conduct that offends the community's sense of justice, decency and fair play. Procedural due process is the aspect of due process relating to the minimal requirements of notice and a hearing if the deprivation of a significant life, liberty, or property interest may occur. Id at 463 (emphasis added).

Mr. Kohberger's life and liberty are at stake. This is a capital case and he is entitled to be heard on motions pending before this Court. Halting preparations for his Motion for Change of Venue denies his constitutional right to a fair trial. The survey work is complete for Latah County and it shows that the jury pool in Latah County is biased. The State's action that resulted in the
REPLY IN SUPPORT OF MOTION TO RESCIND

ORDER FOR FAILURE TO PROVIDE DUE PROCESS Page 2

cessation of the surveys prevents other county comparisons. The order should be reversed. Now and in the future, no court order should be entered without procedural due process, unless the parties so stipulate.

DATED this 1 day of April, 2024.

ANNE C. TAYLOR, PUBLIC DEFENDER

ΚΟΟΤΕΝΑI COUNTY PUBLIC DEFENDER

BY:

ANNE TAYLOR

PUBLIC DEFENDER

CERTIFICATE OF DELIVERY

I hereby certify that a true and correct copy of the foregoing was personally served as indicated below on the 1 day of April, 2024 addressed to:
Latah County Prosecuting Attorney -via Email: paservice@latahcountyid.gov
Elisa Massoth-via Email: legalassistant@kmrs.net Dunl
REPLY IN SUPPORT OF MOTION TO RESCIND

ORDER FOR FAILURE TO PROVIDE DUE PROCESS Page 3