Declaration Response to Motion to Rescind

Electronically Filed
3/29/2024 11:33 AM

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., ISB No, 2613
PROSECUTING ATTORNEY

ASHLEY S. JENNINGS, ISB No. 8491
SENIOR DEPUTY PROSECUTOR

Latah County Courthouse P.O. Box 8068 Moscow, ID 83843
Phone: (208) 883-2246 ISB No. 261,3 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,
DECLARATION IN RESPONSE

V. TO DEFENDANT'S " MOTION

t TO RESCIND ORDER FOR
BRYAN C. KOHBERGER FAILURE TO PROVIDE DUE

Defendant. PROCESS " COMES NOW the undersigned Prosecuting Attorney for Latah County, Idaho and as an officer of the Court declares and represents the following in response to Defendant's " Motion to Rescind Order for Failure to Provide Due Process ” filed on March 26, 2024:
On March 8, 2024, our office received information from a Latah County resident who received an unsolicited telephone survey regarding the Kohberger case. Our office promptly forwarded that information to the Moscow Police Department for follow-up investigation to interview the person who received the call, ascertain the nature of the call, and determine who
DECLARATION IN RESPONSE TO DEFENDANT'S " MOTION TO

RESCIND ORDER FOR FAILURE TO PROVIDE DUE PROCESS " 1

( was responsible for the call. Several days later our office received additional information that another Latah County resident was contacted by a telephone survey company. Our office forwarded that information to the Moscow Police Department to be included in its follow-up investigation. On March 12 and March 19, 2024, Moscow Police Department Corporal Brett Payne provided our office with the results of the investigation into this matter which consisted of supplemental reports 260 and 262 (attached to the State's March 22, 2024, “ Motion for Order Prohibiting Contact with Prospective Jurors Absent Leave of Court. ").

During the time between the initial information being received by our office (March 8) and receipt of Corporal Payne's supplemental reports (March 12 and 19), our office became aware of two other individuals who received similar unsolicited telephone survey calls. One of those individuals recorded the call and provided a copy of that recording to our office which was then transcribed by our office and attached to the State's March 22, 2024, “ Motion for Order Prohibiting Contact with Prospective Jurors Absent Leave of Court " as Exhibit B. The other individual provided a one-page written summary which was attached to the State's motion as Exhibit C.

It was suspected that the unsolicited telephone survey calls were being made at the request of or on behalf of the defense. On March 19, 2024, Senior Deputy Prosecutor Ashley Jennings reached out to Anne Taylor and inquired whether she was aware of the phone surveys being conducted with Latah County residents. Ms. Taylor affirmed that she was aware and offered to meet with our office to discuss the afternoon of Thursday, March 21, 2024, when she was going to be in Moscow.

On March 21, 2024, the undersigned met with Ms. Taylor, defense investigator Rich
DECLARATION IN RESPONSE TO DEFENDANT'S " MOTION TO

RESCIND ORDER FOR FAILURE TO PROVIDE DUE PROCESS " 2

Bitonti, and Senior Deputy Prosecutor Jennings. During that meeting Ms. Jennings and I were told that the survey calls were being made on behalf of the defense. We expressed concerns to Ms. Taylor regarding the nature of the calls and the fact that the calls were affirmatively sharing purportedly factual statements (as reflected in the State's " Motion for Order Prohibiting Contact with Prospective Jurors Absent Leave of Court " and its attachments). We explained our concerns regarding contacting potential jurors and planting purported facts in the minds of those potential jurors who may not have heard those purported facts previously. This is particularly disconcerting because some of the " facts " referred to in the phone surveys are not true and, consequently, would create a false impression or understanding with those Latah County residents and potential jurors.

We told Ms. Taylor that our office felt this information needed to be brought to the Court's attention. We proposed sending a letter to the Court and attaching copies of the information received (with copies to the defense). Ms. Taylor expressed concern regarding this procedure indicating that she would want to respond to the information prior to the Court ruling on the matter. We then discussed an alternative method by filing a motion with the Court with the same attachments. Ms. Taylor again expressed concern with our office providing the Court with anything before an actual hearing. We explained that a motion with supporting documentation is standard practice and that is the route we would be taking.

Following our meeting with Ms. Taylor, we consulted with our attorney staff and decided to proceed with filing a motion with attachments. That motion was prepared and filed shortly before 2:30 p.m. on the following day, Friday, March 22, 2024.

The State submits this declaration in order to clarify for the record what has occurred in
DECLARATION IN RESPONSE TO DEFENDANT'S " MOTION TO

RESCIND ORDER FOR FAILURE TO PROVIDE DUE PROCESS " 3

relation to the unsolicited phone calls being placed to Latah County residents and to correct certain representations contained in the Defendant's March 26, 2024, “ Motion to Rescind Order for Failure to Provide Due Process. ” 29 day of March, 2024 円 RESPECTFULLY SUBMITTED this William W. Thompson, Jr.

Prosecuting Attorney
DECLARATION IN RESPONSE TO DEFENDANT'S " MOTION TO

RESCIND ORDER FOR FAILURE TO PROVIDE DUE PROCESS " 4

CERTIFICATE OF DELIVERY

I hereby certify that true and correct copies of the DECLARATION IN RESPONSE TO
DEFENDANT'S " MOTION TO RESCIND ORDER FOR FAILURE TO PROVIDE DUE
PROCESS " were served on the following in the manner indicated below:
Anne Taylor Mailed Attorney at Law E-filed & Served / E-mailed PO Box 9000 Faxed Coeur D Alene, ID 83816-9000 Hand Delivered Dated this 29 day of March, 2024.

Scie
DECLARATION IN RESPONSE TO DEFENDANT'S “ MOTION TO

RESCIND ORDER FOR FAILURE TO PROVIDE DUE PROCESS " 5