Court Filing
Electronically Filed 5/2/2025 11:36 AM 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 PROSECUTING ATTORNEY JOSHUA D. HURWIT, ISB. No. 9527 SPECIAL DEPUTY PROSECUTING ATTORNEY 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 NOTICE OF PENALTY PHASE LAY WITNESSES AND REQUEST FOR VICTIM IMPACT STATEMENTS V. BRYAN C. KOHBERGER, Defendant. COMES NOW the State of Idaho, by and through the Latah County Prosecuting Attorney, and hereby provides notice that the State does not intend to call any lay witnesses during the penalty phase. Rather, the State intends to rely on testimony and evidence admitted during the guilt phase. The State does intend to afford victims the opportunity to present impact statements during the penalty phase. Both Art. 1, sec. 22 of the Idaho Constitution and Idaho Code § 19-5306 guarantee a victim's right to be “ heard STATE'S NOTICE OF PENALTY PHASE LAY WITNESSES AND REQUEST FOR VICTIM IMPACT STATEMENTS 1 upon request " at all criminal justice proceedings considering sentencing. The State moves for the immediate family members identified in State's Exhibit S-1 attached to " State's Motion in Limine Re: Immediate Family Members in Courtroom ” filed on February 24, 2025, be allowed to present victim impact statements during any penalty phase in the above-titled case. This is supported by I.C. 19-2515 (5) (a) which states as follows: Evidence concerning the victim and the impact that the death of the victim has had on the victim's family is relevant and admissible. Such evidence shall be designed to demonstrate the victim's uniqueness as an individual human being and the resultant loss to the community by the victim's death. Characterizations and opinions about the crime, the defendant and the appropriate sentence shall not be permitted as part of any victim impact evidence. The State has previously disclosed a penalty phase expert witness. See State's Supplemental Response to Request for Discovery Regarding Penalty Phase Experts, dated January 27, 2025. RESPECTFULLY SUBMITTED this 2nd day of May 2025. asneup & gunning Ashley Jennings Senior Deputy Prosecuting Attorney STATE'S NOTICE OF PENALTY PHASE LAY WITNESSES AND REQUEST FOR VICTIM IMPACT STATEMENTS 2 CERTIFICATE OF DELIVERY I hereby certify that true and correct copies of the STATE'S NOTICE OF PENALTY PHASE LAY WITNESES AND REQUEST FOR VICTIM IMPACT STATEMENTS 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 info@annetaylorlaw.com Hand Delivered Dated this 2nd day of May, 2025. STATE'S NOTICE OF PENALTY PHASE LAY WITNESSES AND REQUEST FOR VICTIM IMPACT STATEMENTS 3