Court Filing
Electronically Filed 2/24/2025 4:54 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, MOTION IN LIMINE # 3 V. BRYAN C. KOHBERGER, RE: USE OF THE TERM MURDER Defendant. COMES NOW, Bryan C. Kohberger, by and through his attorneys of record, and hereby moves the Court for an Order prohibiting use of the words “ murder, ” “ murderer, ” “ murdered, ” “ murder weapon, " and similar forms of the word “ murder ” applied to Bryan Kohberger during the trial of this matter. This motion is not seeking a prohibition on the use of the word “ murder ” or its varying forms in the charging document or jury instructions. MOTION IN LIMINE # 3 RE: USE OF THE TERM MURDER Page 1 This motion is made pursuant to I.C.R. 47, I.R.E. 403, 701, 702, the Fifth, Sixth and Fourteenth Amendments to the United States Constitution and Article I, Section 13 of the Idaho Constitution. Whether the killings at issue are murder as allegedly committed by Bryan Kohberger, or by an alternate suspect or someone still unknown is the ultimate issue. Each side will present this very argument to the jury. It is a matter of fact to be found by the jury after the Court instructs the jury with the applicable instructions. To label Mr. Kohberger as a “ murderer, ” the alleged weapon consistent with an empty sheath as a “ murder weapon ”, or to assert that any of the four decedents was " murdered " by Mr. Kohberger denies his right to a fair trial and the right to be presumed innocent. I.R.E. 403 allows exclusion of evidence that is unfairly prejudicial to a party. By analogy the same principle should apply to terminology that is unfairly prejudicial. The use of the word " murder " during the course of the trial is unfairly prejudicial in that it asserts a factual and legal conclusion of the evidence – a determination which is left to the jury. The prosecutor, law enforcement, and medical examiner are viewed with authority and respect by most jurors. When persons with authority speak, lay people tend to believe their statements and conclusions. If the prosecution and / or its witnesses use these words in its case-inchief, it would improperly imply to the jury that it is the prosecutor or witnesses ' belief or opinion that the defendant is guilty of “ murder. ” This is improper opinion testimony under I.R.E. 701- 704. It is improper for the prosecution to express a personal belief unless the comment is based solely on inference “ [E] xpert testimony that concerns conclusions or opinions that the average juror is qualified to draw from the facts utilizing the juror's common sense and normal experience is inadmissible. ” State v. Ellington, 151 Idaho 53, 66, 253 P.3d 727, 740 (2011). MOTION IN LIMINE # 3 RE: USE OF THE TERM MURDER Page 2 Mr. Kohberger requests an order prohibiting the lawyers and witnesses from using the words " murder, ” “ murderer, ” “ murdered, ” “ murder weapon " as well as derivative forms of the word " murder ". DATED this 24 day of February, 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 February, 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 MOTION IN LIMINE # 3 RE: USE OF THE TERM MURDER Page 3