Court Filing
Electronically Filed 10/24/2024 2:12 PM Fourth Judicial District, Ada County Anne Taylor Law, PLLC Trent Tripple, Clerk of the Court 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 Jay W. Logsdon, First District Public Defender Idaho State Public Defender 1450 Northwest Blvd. Coeur d'Alene, Idaho 83814 Phone: (208) 605-4575 Elisa G. Massoth, PLLC Attorney at Law P.O. Box 1003 Payette, Idaho 83661 Phone: (208) 642-3797; Fax: (208)642-3799 Assigned Attorney: Anne C. Taylor, Attorney at Law, Bar Number: 5836 Jay W. Logsdon, First District Public Defender, Bar Number: 8759 Elisa G. Massoth, Attorney at Law, Bar Number: 5647 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, V. REPLY TO STATE'S OBJECTION ΤΟ DEFENANT'S MOTION TO STRIKE BRYAN C. KOHBERGER, MULTIPLE VICTIMS AGGRAVATOR Defendant. COMES NOW, Bryan C. Kohberger, by and through his attorneys of record, and submits the following Reply to the State's Objection to his motion to strike the multiple victims aggravator from the State's Notice Pursuant to Idaho Code § 19-4004A. Mr. Kohberger had argued that Idaho's multiple victims aggravator is unconstitutional as it does not actually accomplish any narrowing except as a more specific form of the propensity REPLY TO STATE'S OBJECTION TO DEFENDANT'S MOTION TO STRIKE MULTIPLE VICTIMS AGGRAVATOR Page 1 aggravator. The State in its Response ignores this argument, instead cherry picking from Mr. Kohberger's briefing and setting up its own strawmen arguments to knock down. This largely consists of reading the some of the authorities Mr. Kohberger cited for particular propositions, and then claiming he used them to stand for something else entirely, such as Prosecutorial and Jury Decision-Making in Post-Furman Capital Cases. Mr. Kohberger indicated that in Texas, the presence of multiple victims was important for determining future dangerousness. The State claims that Mr. Kohberger had argued that the article is against the use of multiple victims as an aggravator. Mr. Kohberger does not think what he's arguing is so nuanced as to completely escape the State's ability to refute it, but given that the State provides no response to what he has argued, he sees nothing he can reply to. Mr. Kohberger asks this Court to strike the multiple victims aggravator as it merely doubles the propensity / future dangerousness aggravator, which he argues against on its own merits elsewhere. DATED this 24 day of October, 2024. Jay Lossder BY: JAY W. LOGSDON FIRST DISTRICT PUBLIC DEFENDER 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 October, 2024 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 Ingrid Batey-via Email: ingrid.batey@ag.idaho.gov Jeff Nye – via Email: jeff.nye@ag.idaho.gov Dul 1 REPLY TO STATE'S OBJECTION TO DEFENDANT'S MOTION TO STRIKE MULTIPLE VICTIMS AGGRAVATOR Page 2