Court Filing
Electronically Filed
3/8/2024 4:01 PM
Second Judicial District, Latah County Julie Fry, Clerk of the Court
By: Beth Mottern, Deputy Clerk
LATAH COUNTY PROSECUTOR'S OFFICE
WILLIAM W. THOMPSON, JR., ISB 2613
PROSECUTING ATTORNEY
Latah County Courthouse P.O. Box 8068 Moscow, ID 83843
Phone: (208) 883-2246 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,
STATE'S OBJECTION ΤΟ
V. DEFENDANT'S " MOTION
REQUESTING ADDITIONAL
BRYAN C. KOHBERGER DEADLINES "
Defendant.
COMES NOW the State of Idaho, by and through the Latah County Prosecuting Attorney, and objects to Defendant's " Motion Requesting Additional Deadlines " filed on March 6, 2024.
As the record reflects, when the parties appeared before the Court on Wednesday, February 28, 2024, discussion was had regarding scheduling orders and trial dates. Both the State and the Court indicated interest in a March 3, 2025, trial date. The State also proceeded to outline a list of proposed pretrial deadlines. The Court then asked the State to submit those proposals to the Court which the State did by letter dated February 28, 2024, a copy of which is attached as Exhibit A. The State's proposed deadlines would accommodate a March 3, 2025, trial date.
The " additional deadlines " proposed in the Defendant's March 6, 2024, filing would
STATE'S OBJECTION TO DEFENDANT'S " MOTION 1
REQUESTING ADDITIONAL DEADLINES "
negate any possibility of a March 3, 2025 trial date. Because of this and for the reasons previously articulated in our flings and in court, the State objects to the Defendant's March 6, 2024, " Motion Requesting Additional Deadlines, " and re-submits a March 3, 2025, trial date with pre-trial deadlines as outlined in Exhibit A is appropriate.
RESPECTFULLY SUBMITTED this 8 day of March, 2024, William W. Thompson, Jr.
Prosecuting Attorney
STATE'S OBJECTION TO DEFENDANT'S " MOTION 2
REQUESTING ADDITIONAL DEADLINES "
CERTIFICATE OF DELIVERY
I hereby certify that true and correct copies of the STATE'S OBJECTION TO DEFENDANT’S “ MOTION REQUESTING ADDITIONAL DEADLINES ” were 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 8_day of March, 2024.
STATE'S OBJECTION TO DEFENDANT'S " MOTION 3
REQUESTING ADDITIONAL DEADLINES "
OFFICE OF THE PROSECUTING ATTORNEY
LATAH COUNTY, İDAHO
Latah County Courthouse P.O. Box 8068 WILLIAM W. THOMPSON, JR. Moscow, Idaho 83843-0568 Deputy Prosecuting Attorneys Prosecuting Attorney KEITH P. SCHOLL
ASHLEY S. JENNINGS (208) 883-2246
Senior Deputy FAX (208) 883-2290 JESSICA UHRIG
STEPHEN KWIATKOWSKI
February 29, 2024 Honorable John C. Judge District Judge
RE: State v. Kohberger Dear Judge Judge:
As you requested in Court yesterday, I am writing to detail the State's trial / scheduling order proposal:
• The jury trial is set to commence on Monday, March 3, 2025.
• Preliminary discovery deadlines:
• September 6, 2024-State preliminary discovery deadline (6 months prior to trial).
• November 8, 2024-Defense discovery deadline (2 months following the State's and to include mitigation).
• February 7, 2025 – State's reply / rebuttal discovery deadline.
Ο All discovery deadlines to include expert disclosures.
• Final pretrial conference-week of February 12-16, 2025.
• Defense death penalty motions:
• Motions due September 6, 2024.
o State's response due October 11, 2024.
• Defense reply due October 25, 2024.
o Hearing-week of November 4-8, 2024.
• Submission of proposed jury questionnaire – November 1, 2024.
• Submission of proposed jury instructions and exhibit / witness lists-January 31, 2025.
• Pre-trial motions / motions in limine:
。 Due November 22, 2024.
o Responses due December 13, 2024.
• Replies due December 20, 2024, o Hearing-week of January 6 – 10, 2025.
Motions can, of course, be filed earlier for more timely resolution.
" Truth, Justice and the American Way of Life " EXHIBIT Α
We recognize that the Court has now set some initial scheduling dates including the defense Motion for Change of Venue, and various preliminary discovery deadlines, and intends to set a trial date once you issue a decision on the pending defense Motion for Change of Venue scheduled for hearing on May 14, 2024, at 1:30 p.m. We also acknowledge that the Court has set April 17, 2024, as the deadline for the defense to comply with its notice and discovery obligations regarding alibi. This date is also the deadline for the defense to submit its briefs, discovery and affidavits regarding its Motion for Change of Venue with the State's response due on May 1, 2024.
We also think it would be helpful for the Court to adopt our proposed schedule for defense death penalty motions (as outlined in the 4th bullet point above).
Please let us know if you have any questions. Thank you.
Sincerely, William W. Thompson, Jr.
Prosecuting Attorney WWT / sao
Pc: Anne Taylor { ز " Truth, Justice and the American Way of Life "