Objection to Defendant's Motion

Electronically Filed
2/8/2024 1:53 PM

Second Judicial District, Latah County Julie Fry, Clerk of the Court
By: Tamzen Reeves, Deputy Clerk
WILLIAM W. THOMPSON, JR., ISB 2613

PROSECUTING ATTORNEY

INGRID BATEY, ISB 10022

DEPUTY ATTORNEY GENERAL

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,
OBJECTION TO DEFENDANT'S

MOTION TO CHANGE VENUE

AND REQUEST FOR

SCHEDULING ORDER

V.

BRYAN C. KOHBERGER

Defendant.

COMES NOW the State of Idaho, by and through the Latah County Prosecuting Attorney, and objects to Defendant's Motion to Change Venue as it is premature. The State requests that this Court set a trial date; a briefing schedule for Defendant's motion; a hearing date for the motion to be heard; and a deadline for supporting memoranda, affidavits, and witness disclosures sufficiently in advance of hearing so that the parties can adequately prepare.

Defendant's Motion to Change Venue is premature and without sufficient basis. Defendant has not provided the Court with adequate information to conclude that a Latah County jury could not fairly and impartially decide Defendant's case. In Idaho, a motion for change of venue is within
OBJECTION TO DEFENDANT'S

MOTION TO CHANGE VENUE

AND REQUEST FOR

SCHEDULING ORDER 1

the discretion of the trial court. State v. Winn, 121 Idaho 850, 856, 828 P.2d 879, 885 (1992).

Idaho's appellate courts look to several factors while determining whether a trial court exercised its discretion in deciding a motion to change venue, including “ affidavits indicating prejudice or an absence of prejudice in the community ” and “ testimony of the jurors at voir dire as to whether they had formed an opinion of the defendant's guilt or innocence based upon adverse pretrial publicity. " Id., citing State v. Needs, 99 Idaho 833, 890, 591 P.2d 130, 137 (1979). Other factors for consideration are whether a defendant challenged for cause any individual jurors, the nature of pretrial publicity about the case, and the duration of time between the publicity and the trial itself.

Id. The Idaho Supreme Court has also explained that “ publicity by itself does not require a change of venue. " Id.

Because publicity is not a stand-alone reason for a court to change venue, this Court should decline to decide Defendant's motion until a trial date is set and the Court has heard adequate facts to enable the Court to make a determination. The State respectfully requests that this Court set a trial date; set a hearing date for Defendant's “ Motion to Change Venue ”; issue deadlines for supporting memoranda and affidavits; and set a deadline for witness disclosures reasonably in advance of hearing.

RESPECTFULLY SUBMITTED this 8th day of February, 2024.

922 Withiam W. Thompson, Jr.

Latah Couty Prosecuting Attorney In Baty Ingrid Batey Special Assistant Deputy Attorney General
OBJECTION TO DEFENDANT'S

MOTION TO CHANGE VENUE

AND REQUEST FOR

SCHEDULING ORDER 2

CERTIFICATE OF DELIVERY

I hereby certify that true and correct copies of the OBJECTION TO DEFENDANT’S MOTION TO CHANGE VENUE AND REQUEST FOR SCHEDULING ORDER 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 8th day of February, 2024.

Kim K Workman
OBJECTION TO DEFENDANT'S

MOTION TO CHANGE VENUE

AND REQUEST FOR

SCHEDULING ORDER 3