Defendant Response to State Motion in Limine

Electronically Filed
3/17/2025 2:48 PM

Fourth Judicial District, Ada County Trent Tripple, Clerk of the Court Anne Taylor Law, PLLC By: Jennifer Keyes, Deputy Clerk Anne C. Taylor, Attorney at Law PO Box 2347 Coeur d'Alene, Idaho 83816
Phone: (208) 512-9611 iCourt Email: info@annetaylorlaw.com Elisa G. Massoth, PLLC Attorney at Law P.O. Box 1003 Payette, Idaho 83661
Phone: (208) 642-3797; Fax: (208)642-3799 Bicka Barlow Pro Hac Vice 2358 Market Street San Francisco, CA 94114
Phone: (415) 553-4110 Assigned Attorney:
Anne C. Taylor, Attorney at Law, Bar Number: 5836 Elisa G. Massoth, Attorney at Law, Bar Number: 5647 Bicka Barlow, Attorney at Law, CA Bar Number: 178723 Jay W. Logsdon, First District Public Defender, Bar Number: 8759
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 NUMBER CR01-24-31665

Plaintiff,
DEFENDANT'S RESPONSE TO

V. STATE'S MOTION IN LIMINE

BRYAN C. KOHBERGER, RE: IMPROPER DEATH PENALTY

COMMENTS

Defendant.

COMES NOW, Bryan C. Kohberger, by and through his attorneys of record, and hereby responds to the State's Motion in Limine RE: Improper Death Penalty Comments.

Mr. Kohberger faces four counts of first-degree murder. The charges began with an arrest warrant and Complaint. The State chose the Grand Jury process rather than preliminary hearing,
DEFENDANT'S RESPONSE TO STATE'S MOTION IN

LIMINE RE: IMPROPER DEATH PENALTY COMMENTS Page 1

and the Grand Jury returned the Indictment. Thereafter the State chose to file its Notice of Intent to Seek Death.

The jury selected to try Mr. Kohberger's case will be aware the State is seeking the death penalty. They will be informed at the outset for a variety of reasons. Mr. Kohberger must have a way of conducting Voir Dire with prospective jurors; he must be able to examine witnesses and present arguments in his trial. Mr. Kohberger suggests he use phrases that comport with existing language in statute and jury instruction.¹ DATED this 17 day of March, 2025.

BY:

ANNE C. TAYLOR

ANNE TAYLOR LAW, PLLC

CERTIFICATE OF DELIVERY

I hereby certify that a true and correct copy of the foregoing was personally served as indicated below on the 17 day of March, 2025 addressed to:
Latah County Prosecuting Attorney –via Email: paservice@latahcountyid.gov Elisa Massoth – via Email: legalassistant@kmrs.net Jay Logsdon – via Email: Jay.Logsdon@spd.idaho.gov Bicka Barlow, Attorney at Law – via Email: bickabarlow@sbcglobal.net Jeffery Nye, Deputy Attorney General – via Email: Jeff.nye@ag.idaho.gov Dul 1 The State pointed the court to ICJI 700C as how the jury would be instructed; but the jurors will also hear ICJI 700B when jury instruction are read.

DEFENDANT'S RESPONSE TO STATE'S MOTION IN

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