Court Filing
Electronically Filed 8/23/2023 4:08 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, ID 83661 208-642-3797 Assigned Attorney: Anne C. Taylor, Public Defender, Bar Number: 5836 Jay Weston Logsdon, Chief Deputy Litigation, Bar Number: 8759 Elisa G. Massoth, 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, MOTION TO DISMISS INDICTMENT V. ON GROUNDS OF BIASED GRAND JURY, INADMISSIBLE EVIDENCE, BRYAN C. KOHBERGER, LACK OF SUFFICIENT EVIDENCE, AND PROSECUTORIAL MISCONDUCT Defendant. IN WITHHOLDING EXCULPATORY EVIDENCE Comes Now, Bryan C. Kohberger, through his attorneys of record and files a Motion to Dismiss Indictment on Grounds of a Biased Grand Jury, Inadmissible Evidence, Lack of Sufficient Evidence, and Prosecutorial Misconduct by Withholding Exculpatory Evidence. This motion is based on the State's various violations during the Grand Jury pursuant to Idaho Code § 19-1001 et seq., Idaho Criminal Rule 6.7 and 48, Idaho Rules of Evidence, 401, 402, MOTION TO DISMISS INDICTMENT ON GROUNDS OF BIASED GRAND JURY, INADMISSIBLE EVIDENCE, LACK OF SUFFICIENT EVIDENCE, AND PROSECUTORIAL MISCONDUCT IN WITHHOLDING EXCULPATORY EVIDENCE Page 1 403, 404, 404B, 601, 602, 608, 701, 702, 703,708, 801 (c), 802, 803 (2), 804 (a) (3), 901,902, and prosecutor misconduct pursuant to Idaho Criminal Rule 6.1 (b) (1) and Napue v. Illinois, 360 U.S.264 (1959). Mr. Kohberger raises twenty four (24) issues which are set forth in full in the Memorandum in Support of Motion to Dismiss Indictment and its attachments. DATED this 23 day of August, 2023. ANNE C. TAYLOR, PUBLIC DEFENDER KOOTENAI COUNTY PUBLIC DEFENDER Jay Lessdern BY: JAY WESTON LOGSDON CHIEF DEPUTY LITIGATION 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 23 day of August, 2023 addressed to: Latah County Prosecuting Attorney -via Email: paservice@latahcountyid.gov Elisa Massoth – via Email: legalassistant@kmrs.net Del MOTION TO DISMISS INDICTMENT ON GROUNDS OF BIASED GRAND JURY, INADMISSIBLE EVIDENCE, LACK OF SUFFICIENT EVIDENCE, AND PROSECUTORIAL MISCONDUCT IN WITHHOLDING EXCULPATORY EVIDENCE Page 2