Motion to File Exhibits 1-4

Electronically Filed
3/17/2025 5:25 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 P.O. Box 8068 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,
MOTION TO FILE STATE'S

EXHIBITS 1-4 IN SUPPORT OF

THEIR RESPONSES TO

MOTION IN LIMINE # 7 RE:

BUSHY EYEBROWS UNDER

SEAL

V.

BRYAN CHRISTOPHER KOHBERGER,

Defendant.

COME NOW the State of Idaho, by and through the Latah County Prosecuting Attorney and hereby moves the Court for an Order to Seal the State's Exhibits labeled S-1 through S-4 attached to the “ State's Response Defendant's Motion in Limine # 7 Re:
Witness Identification by Bushy Eyebrows ” pursuant to Idaho Court Administrative Rule 32 (i)) and Idaho Code 74-124 (1) (b) and (c). The State is mindful of the Court's “ Order Regarding Sealing or Redacting Filings ” issued on March 3, 2025, and provides the
MOTION TO FILE STATE'S EXHIBITS 1-4 IN SUPPORT OF THEIR RESPONSES TO MOTION IN
LIMINE # 7 RE: BUSHY EYEBROWS UNDER SEAL 1

following:
State's Exhibit S-1 is a copy of D.M.s phone and text messages for November 13,
2022. This Exhibit was prepared for and used for the grand jury proceedings on May 15,
2023. In addition to including cell phone numbers (which could be redacted), the entirety of the document is previously under seal pursuant to the “ Order Sealing Records and Proceedings Pursuant to Idaho Criminal Rule 6.3 (c) " issued on May 16, 2023. For that reason, the State requests this exhibit be sealed in its entirety.

State's Exhibit S-2 and S-3 are portions of transcripts from D.M.'s interview with investigators on November 17, 2022, and December 1, 2022. These portions of the transcripts were not included as part of Defendant's Exhibit No. 6 and Defendant's Exhibit No. 7 which were filed under seal. The Court sealed the Defendant's portions of these transcripts on March 3, 2025. For consistency, and pursuant to the same authority cited by the Court, the State seeks to seal these exhibits in their entirety.

State's Exhibit S-4 is a copy of D.M.'s grand jury testimony. Portions of this testimony were not provided with Defendant's Exhibit No. 10. The entirety of the document is previously under seal pursuant to the “ Order Sealing Records and Proceedings Pursuant to Idaho Criminal Rule 6.3 (c) ” issued on May 16, 2023. In addition, this Court sealed the other portions of this transcript on March 3, 2025. For consistency, and pursuant to the same authority cited by the Court, the State seeks to seal this exhibit in its entirety.

State's Exhibit S-5 is a picture of Bryan Kohberger taken on November 13, 2022. The State is not seeking that this exhibit be sealed as the contents were disclosed within the response and there is no valid authority for sealing this exhibit.

MOTION TO FILE STATE'S EXHIBITS 1-4 IN SUPPORT OF THEIR RESPONSES TO MOTION IN
LIMINE # 7 RE: BUSHY EYEBROWS UNDER SEAL 2

State's Exhibit S-6 is a driver's license photograph of Bryan Kohberger. The State is submitting a redacted photograph of this Exhibit without private information such as the driver's license number, date of birth, and address. The State is not seeking that this exhibit be sealed as the contents were disclosed within the response and there is no valid authority for sealing this exhibit.

The State has discussed this with defense counsel, and they indicated they did not have an objection to the sealing of State's Exhibits S-1 through S-4.

RESPECTFULLY SUBMITTED this 17th day of March 2025.

asheup & gunningp Ashley S. Jennings Senior Deputy Prosecutor
MOTION TO FILE STATE'S EXHIBITS 1-4 IN SUPPORT OF THEIR RESPONSES TO MOTION IN
LIMINE # 7 RE: BUSHY EYEBROWS UNDER SEAL 3

CERTIFICATE OF DELIVERY

I hereby certify that true and correct copies of the MOTION TO FILE STATE’S
EXHIBITS 1-4 IN SUPPORT OF THEIR RESPONSES TO MOTION IN LIMINE RE:
BUSHY EYEBROWS UNDER SEAL 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 17th day of March 2024.

MOTION TO FILE STATE'S EXHIBITS 1-4 IN SUPPORT OF THEIR RESPONSES TO MOTION IN
LIMINE # 7 RE: BUSHY EYEBROWS UNDER SEAL 4