Court Filing
Electronically Filed 3/24/2025 5:56 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, REPLY TO STATE'S RESPONSE TO V. DEFENDANT'S MOTION IN LIMINE # 3 BRYAN C. KOHBERGER, RE: USE OF THE TERM MURDER Defendant. COMES NOW, Bryan C. Kohberger, by and through his attorneys of record, and hereby replies to the State's Response to Motion in Limine 3 RE: Use of the Term Murder filed with the Court on March 17, 2025. REPLY TO STATE'S RESPONSE TO DEFENDANT'S MOTION IN LIMINE # 3 RE: USE OF THE TERM MURDER Page 1 Mr. Kohberger's motion seeks to exclude the State, in its case presentation, from using any form of the word murder as it applies to him. His request is based in his Constitutional Rights to a fair trial and due process of law as well as the Idaho Rules of Evidence 403.¹ Mr. Kohberger, in his motion specifically stated that it was not the use of the word murder but of phrasing of the word that labeled him. Mr. Kohberger has maintained his innocence since the day he was accused. His objection is about referring to him as a murderer. To allow the State to present its case by labeling him as a murderer is improper and inflammatory. That will be the ultimate jury question, and the jury must not be prejudiced by making a decision based on influence, labels and inference of what the State opines. DATED this 24 day of March, 2025. an 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 24 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 Idaho Supreme Court in State v Ellington assessed the word " homicide " on an exhibit. There the Court found the trial court had not analyzed probative value of the use of the word homicide on the diagram, and the Court did not see probative value, its use on the exhibit was an abuse of discretion. REPLY TO STATE'S RESPONSE TO DEFENDANT'S MOTION IN LIMINE # 3 RE: USE OF THE TERM MURDER Page 2