Motion in Limine Re AT&T Timing Advance Records

Electronically Filed
2/24/2025 4:21 PM

Fourth Judicial District, Ada County Trent Tripple, Clerk of the Court
By: Jennifer Keyes, 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 522 S. Adams Street, Ste. 211 Moscow, ID 83843
Phone: (208) 883-2246 paservice@latahcountyid.gov
IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA

STATE OF IDAHO, Case No. CR01-24-31665 Plaintiff,
STATE'S MOTION IN LIMINE

V. RE: AT & T TIMING ADVANCE

RECORDS

BRYAN C. KOHBERGER,

Defendant.

COMES NOW the State of Idaho, by and through the Latah County Prosecuting Attorney, and respectfully moves the Court for an order in limine prohibiting the defense from making any reference to the absence of AT & T Timing Advance Records for Bryan Kohberger.

The State brings this motion based on defense counsels ' repeated references to the alleged existence of AT & T Timing Advance Records related to Defendant's cell phone. See Defendant's
Supplemental Response Re: Expert Witnesses, Defendant's Exhibit D11-B, Page 49 (Defendant's Bates Page 3873); Defendant's Exhibit D14-B, Page 4-5 (Defendant's Bates 3974-3975).

STATE'S MOTION IN LIMINE RE: AT & T TIMING ADVANCE RECORDS 1

The State has been advised, and will offer documentation and / or testimony, that AT & T records are produced by their Global Legal Demand Center (GLDC). AT & T GLDC did not begin producing timing advance records until May 2023. All records for Defendant's phone were obtained from GLDC in December 2022. The State intends to supplement this motion with additional information from the FBI and / or AT & T prior the hearing on this motion on April 9, 2025.

Any statements or inferences by defense counsel or their witnesses that there is additional evidence that could have been provided, or was not provided, is a mischaracterization of the evidence and should not be allowed. Under I.R.E. 403 any probative value of such evidence is outweighed by the danger of misleading the jury, undue delay, and waste of time. For these reasons, the State request the Court issue an order in limine prohibiting the defense from making any reference to the absence of AT & T Timing Advance Records for Bryan Kohberger.

RESPECTFULLY SUBMITTED this 24th day of February 2025.

ashups. gaming Ashley S. Jennings Senior Deputy Prosecuting Attorney
STATE'S MOTION IN LIMINE RE: AT & T TIMING ADVANCE RECORDS 2

CERTIFICATE OF DELIVERY

I hereby certify that true and correct copies of the STATE'S MOTION IN LIMINE RE:
AT & T TIMING ADVANCE RECORDS were served on the following in the manner indicated below:
Anne Taylor Mailed Attorney at Law E-filed & Served / E-mailed PO Box 2347 Faxed Coeur D Alene, ID 83816 Hand Delivered Dated this 24th day of February 2025.

STATE'S MOTION IN LIMINE RE: AT & T TIMING ADVANCE RECORDS 3