Court Filing
Electronically Filed 8/24/2023 1:32 PM Second Judicial District, Latah County Julie Fry, Clerk of the Court By: Tamzen Reeves, Deputy Clerk LATAH COUNTY PROSECUTOR'S OFFICE WILLIAM W. THOMPSON, JR. PROSECUTING ATTORNEY Latah County Courthouse P.O. Box 8068 Moscow, ID 83843 Phone: (208) 883-2246 ISB No. 2613 paservice@latahcountyid.gov 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 No. CR29-22-2805 Plaintiff, MOTION TO EXTEND TIME TO RESPOND TO DEFENDANT'S V. MOTION TO DISMISS BRYAN CHRISTOPHER KOHBERGER, INDICTMENT, AND TO Defendant. CONTINUE HEARING Comes now the State of Idaho, by and through the Latah County Prosecuting Attorney, and respectfully moves this Court for an Order extending the time for the State to respond to the Defendant's August 23, 2023, “ Motion to Dismiss Indictment on Grounds of Biased Grand Jury, Inadmissible Evidence, Lack of Sufficient Evidence, and Prosecutorial Misconduct in Withholding Exculpatory Evidence. " The Defendant's Motion was filed on the afternoon of August 23, 2023, and was accompanied by a Memo in Support comprised of approximately MOTION TO EXTEND TIME TO RESPOND TO DEFENDANT'S MOTION TO DISMISS INDICTMENT, AND TO CONTINUE HEARING 1 109 pages, 49 pages of which was made up of the Defendant's arguments and the balance made up of various exhibits which include affidavits and other materials. Among other things, the Defendant's motion asserts detailed factual and evidentiary issues that will require not only review and submission of the entire grand jury transcript (so that the court is able to assess the Defendant's claims in context) as well as what appears to be complex scientific representations and disputes. In light of the above, the State is unable to properly research and respond to the Defendant's motion by August 30th, nor be prepared for a substantive hearing on September 1st. The State, therefore, respectfully prays that the Court extend the time for responding to the Defendant's August 23, 2023, motion to Wednesday, September 14, 2023, with any reply from the Defense due September 20, 2023. The State further prays that the Court vacate the hearing currently scheduled for Friday, September 1, 2023, and reset the same for September 22, 2023. The State concurs with the Defense's request that their grand jury motions be heard at the same time. Consequently, the State prays that the hearing on the Defense's prior motion to dismiss indictment based on burden of proof also be continued and set concurrently with the hearing on the Defendants August 23, 2023, motion. The State has asked Defense Counsel whether they are agreeable to this request and they have indicated their agreement (see Ms. Taylor's signature below). MOTION TO EXTEND TIME TO RESPOND TO DEFENDANT'S MOTION TO DISMISS INDICTMENT, AND TO CONTINUE HEARING 2 The State further requests that the Court extend time and reschedule as requested without hearing or, alternatively, set an expedited hearing on this motion to extend time for Friday, August 25, 2023, because of the shortness of time. RESPECTFULLY SUBMITTED this 24 day of August, 2023. ' WILLIAM W. THOMPSON, JR. Prosecuting Attorney No Objection. Anne Taylor MOTION TO EXTEND TIME TO RESPOND TO DEFENDANT'S MOTION TO DISMISS INDICTMENT, AND TO CONTINUE HEARING 3 CERTIFICATE OF DELIVERY I hereby certify that true and correct copies of the MOTION TO EXTEND TIME TO RESPOND TO DEFENDANT'S MOTION TO DISMISS INDICTMENT, AND TO CONTINUE HEARING was served on the following in the manner indicated below: Anne Taylor Mailed Attorney at Law X E-filed & Served / E-mailed PO Box 9000 Faxed Coeur D Alene, ID 83816-9000 Hand Delivered Dated this 24th day of August, 2023. Seng MOTION TO EXTEND TIME TO RESPOND TO DEFENDANT'S MOTION TO DISMISS INDICTMENT, AND TO CONTINUE HEARING 4