Court Filing
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, Plaintiff, CASE NUMBER CR01-24-31665 V. DEFENDANT'S OBJECTION TO STATE'S MOTION IN LIMINE BRYAN C. KOHBERGER, RE: SELF-AUTHENTICATION OF Defendant. RECORDS COMES NOW, Bryan C. Kohberger, by and through his attorneys of record, and hereby objects to the State's Motion in Limine to admit self-authenticating records. The State provided a list containing terabytes of discovery in its motion for admission at trial based on an exception to the rule against hearsay. This is an example of the discovery practices the State engages in which violate DEFENDANT'S OBJECTION TO STATE'S MOTION IN LIMINE RE: SELF-AUTHENTICATION OF RECORDS Page 1 Mr. Kohberger's right to due process and a fair trial. Mr. Kohberger grounds his objection in the United States Constitution, 5th 6th and 14th Amendment and the Idaho Constitution Article I section 13. The State has not provided a specific record with a certificate and affidavit. The State has promised certification in the future but has failed to properly identify the record and how it falls within 803 (6) and / or (8). The Idaho Court of Appeals has said, “ Rule 803 (6), the business record exception to the hearsay rule, allows admission of a record or report if it was made and kept in the course of a regularly conducted business activity and if it was the regular practice of that business to make the report or record. ” State v. Hill 140 Idaho 625, 97 P.3d 1014 (2004). The provided list is not easily identifiable as to which records the State is referring to. Many of the records require foundation because the State has not supplied information to guarantee completeness and authenticity of the record. Aside from issues of authenticity, the State provides no basis upon which any of these records are relevant and meet Idaho Rules of Evidence 401, 402, and 403. Before any of these records are admitted, they must first be relevant. Only then does the determination of whether an exception to the hearsay rules even matters. In support of his objection, Mr. Kohberger describes the size and complexity of each item for which the State requests admission with a promised certificate as follows: 1. 1320 Linda Lane surveillance footage for November 13, 2022 (Hard drive provided on 4/5/22, AV000147) 2. 1330 Linda Lane surveillance footage for November 13, 2022 (Hard drive provided on 4/5/22, AV000147) These surveillance videos contained in the folder AV000147 are two videos from the same viewpoint. They are each a one-hour time block. Counsel has located in discovery video footage from the two cameras that are between 8-9 GB of data. This data runs in numerous clips of varying length with an approximate total of 12 ½ hours. The State has not provided any specifics related to what it intends to rely on or use as evidence nor a certificate that the videos were was made and kept in the course of a regularly conducted business activity. and if it was the regular practice of that business to make the report or record, No certification for this footage establishing the criteria required exists. DEFENDANT'S OBJECTION TO STATE'S MOTION IN LIMINE RE: SELF-AUTHENTICATION OF RECORDS Page 2 3. Albertson's (Clarkston, WA) video surveillance and business records for November 13, 2022 (Hard drive provided on 4/5/23) This is a surveillance recording that is about 3 GB in size. The file contains multiple views that cover about a two-hour time block. The State has not provided any specifics related to what it intends to rely on or use as evidence nor a certificate that the videos were was made and kept in the course of a regularly conducted business activity. and if it was the regular practice of that business to make the report or record. No certification for this footage establishing the criteria required exists. 4. Amazon financial and user records for Bryan Kohberger (Hard drive provided on 4/5/23; AV000236, AV000243, AV000398; AV000832) AV236 Contains an excel spreadsheet with information and categories for subscription information and order history for an Amazon account Mr. Kohberger and his family members. AV243 Contains Mr. Kohberger's father account records and purchase history. These records list purchases for the entire family. AV398 Contains Subscription history, click activity and sign in history for the Amazon Account for Mr. Kohberger and his family AV832 Contains a police report from Michael Douglas. Mr. Kohberger objects specifically to AV832 as it is a police report and the prosecution must have a witness to testify about the contents of a police report. IRE 803 (8) (A) (ii) (b). He objects to the rest of the requested documents because the records are not a complete record. The Court should consider Mr. Kohberger's motion to exclude all Amazon records and expert testimony in conjunction with this State request. On March 12, 2025 the State filed expert opinions related to Amazon records, some three months after its expert disclosure deadline. 5. AT & T phone records for Mr.Kohberger, M.M., X.K. (AV000228) AV000228 Mr. Kohberger notes that these records are one copy of several copies obtained during the course of the case. This folder also contains records relating to someone else. The State has not provided any specifics related to what it intends to rely on or use as evidence nor a certificate that the records were was made and kept in the course of a regularly conducted business activity. and if it was the regular practice of that business to make the report or record. Mr. Kohberger seeks exclusion of these records based on the State's incomplete expert dislcosures. This should not be an allowed method of circumventing those failures. 6. Bagel Shop video surveillance video for November 13, 2022. This surveillance video is over 7.5 GB in size. No information has been submitted explaining how this video is certified or what portions the State intends to use.. 7. Bank of America bank records for Bethany Funke and Xana Kernodle (AV000133; AV000254) The Two folders contain different sets of information. AV000133 Contains Bank of America Records for BF and XK. There is an additional record listed that appears to be to another person. Additionally, sections of the record are redacted blocking out information. AV254 Contains Bank of America Records for BF and XK. These records are different than those in AV133. DEFENDANT'S OBJECTION TO STATE'S MOTION IN LIMINE RE: SELF-AUTHENTICATION OF RECORDS Page 3 8. Banner Bank banking records for E. C. (Hard drive provided on 4/5/23; AV000255). The State has not provided any specifics related to what it intends to rely on or use as evidence nor a certificate that the records were was made and kept in the course of a regularly conducted business activity. and if it was the regular practice of that business to make the report or record. AV000255 contains Banner Bank records for both E.C. and his mother. The State has not provided any specifics related to what it intends to rely on or use as evidence nor a certificate that the records were was made and kept in the course of a regularly conducted business activity. and if it was the regular practice of that business to make the report or record. 9. Café Artista video surveillance video for November 13, 2022 This disclosure contains still photos as well as multiple files of recordings. The total amount of video footage available is around 2 hours. The State has not disclosed what portion of this video it intends to use, whether it was made and kept in the course of a regularly conducted business activity, and if it was the regular practice of that business to make the report or record 10. Corner Club video surveillance video for November 12-13, 2022 (AV000076 and AV000143) These two files may be duplicate disclosures. The video surveillance is from 14 different cameras with multiple hours of video footage. There is no disclosure containing what sections of this discovery intends to use at trial or how this record is a regularly collected and maintained record for this business. 11. Corner Club financial transaction receipts of sale for November 13, 2022 (Bates Pages 342-480) This record is 138 pages of receipts from the Corner Club bar. There is no disclosure regarding what pages the State intends to admit as evidence or how these records are a regularly collected and maintained document of this business. 12. Costco (Clarkston, WA) surveillance video for November 13, 2022 (AV000229). This surveillance is from up to ten cameras and runs for approximately an hour. The State provides no disclosure of what segments of these videos it intends to use or how they comply with 13. DeSales student records regarding Bryan Kohberger (AV000291). This disclosure is thousands of pages of documents that are not organized in any fashion. This disclosure involves information related to Mr. Kohberger's calendar, course work drafts, final drafts, testing, emails, and syllabi for classes while he was a student at DeSales. The State has not specified what out of this extensive and disorganized information it intends to use, how records contained in Mr. Kohberger's personal school Google account are a business record kept in the ordinary course by DeSales, how these privacy protected education records are admissible in court. 14. Dick's Sporting Goods record of sale for Bryan Kohberger (AV000270) The disclosure contains a copy of a sales record from June of 2022. The State has not specified what records it intends to admit as evidence, how it was made and kept in the course of a regularly conducted business activity and if it was the regular practice of that business to make the report or record DEFENDANT'S OBJECTION TO STATE'S MOTION IN LIMINE RE: SELF-AUTHENTICATION OF RECORDS Page 4 15. Discover financial records for Kaylee Goncalves (AV000256). This record contains a certification for 33 pages of records. The State has supplied 17 pages including compliance forms and emails. This record is incomplete. 16. Door Dash records for X.K. and E.C. (AV000265; 4/5/23 Drive) AV000265 Contains EC's Door Dash records but does NOT contain records for XK. The 4/5/23 disclosure is a Door Dash Search warrant returns. The warrant returns contain photographs, a list of deliveries to 1122 King Road and span as far back as 2019 and a spreadsheet of communication between the person ordering the food and the door dasher. The State has not specified which of these records it intends to use at trial, how they were made and kept in the course of a regularly conducted business activity and if it was the regular practice of that business to make the report or record. 17. Early Warning Records (AV000213) This disclosure contains some certificate but no record with content. Mr. Kohberger does not know what the State intends to rely on or admit. 18. Elan Financial records for K.G. (Hard drive provided on 4/5/23) The records contained in this folder relate to a P1FCU account for K.G.'s relative. The State has not specified which of these records it intends to use at trial, how they were made and kept in the course of a regularly conducted business activity and if it was the regular practice of that business to make the report or record. 19. ENS Services (1300 Johnson Ave., Pullman, WA) surveillance video for November 13, 2022 (Hard drive provided on 4/5/23) This disclosure contains 2 dates of surveillance each with 125 entries. The State has not provided any specifics related to what it intends to rely on or use as evidence nor a certificate that the records / videos were was made and kept in the course of a regularly conducted business activity. and if it was the regular practice of that business to make the report or record. 20. Farmer's Insurance surveillance video for November 13, 2022 (Hard drive provided on 4/5/23) This disclosure contains two files; one has 641 separate videos and the other has 175 videos. The State has not provided any specifics related to what it intends to rely on or use as evidence nor a certificate that the records / videos were was made and kept in the course of a regularly conducted business activity. and if it was the regular practice of that business to make the report or record 21. Floyd's Cannabis Co surveillance video for November 13, 2022 (Hard drive provided on 4/5/23) The surveillance in this disclosure comes from two separate cameras and has multiple views. The State has not provided any specifics related to what it intends to rely on or use as evidence nor a certificate that the records / videos were was made and kept in the course of a regularly conducted business activity. and if it was the regular practice of that business to make the report or record 22. ForisDax (Crypto.com) financial records for Bryan Kohberger (AV000863) This disclosure contains records that show purchase history and include the time but not the date; account activity and automated chats relating to account updates. The State has not provided any specifics related to what it intends to rely on or use as evidence nor a certificate that the records / videos were was made and kept in the course of a regularly conducted business DEFENDANT'S OBJECTION TO STATE'S MOTION IN LIMINE RE: SELF-AUTHENTICATION OF RECORDS Page 5 activity. and if it was the regular practice of that business to make the report or record. On March 13, 2025, for the first time, the State disclosed that its expert Michael Douglass intends to rely on this record in his summary. No opinion regarding these records has been disclosed. 23. Grub Truck video surveillance video for November 13, 2022 (Hard drive provided on 4/5/23) This disclosure contains a 4 ½ hours of video. The State has not provided any specifics related to what portion of the video it intends to rely on or use as evidence nor a certificate that the records / videos were was made and kept in the course of a regularly conducted business activity. and if it was the regular practice of that business to make the report or record. 24. Harbor Freight business and surveillance records (Hard drive provided on 4/5/23; AV000350) This disclosure contains surveillance video, receipts and a product manual. Most of the purchase receipts belong to people other than Mr. Kohberger. The State has not provided any specifics related to what it intends to rely on or use as evidence nor a certificate that the records / videos were was made and kept in the course of a regularly conducted business activity. and if it was the regular practice of that business to make the report or record. 25. Idaho Central Credit Union (ICCU) bank records for M.M. (Hard drive provided on 4/5/23; AV000257). The State has not provided any specifics related to what it intends to rely on or use as evidence nor a certificate that the records / videos were was made and kept in the course of a regularly conducted business activity. and if it was the regular practice of that business to make the report or record. 26. Indian Mountain Lake surveillance and records (AV000427) This disclosure does not contain video surveillance. It does contain records of entry and a visitors log. The time frame exceeds the date Mr. Kohberger was arrested. The State has not provided any specifics related to what it intends to rely on or use as evidence nor a certificate that the records / videos were was made and kept in the course of a regularly conducted business activity. and if it was the regular practice of that business to make the report or record. 27. Joann Fabrics financial records (AV000868). This disclosure contains purchase information and a receipt. The State has not provided any specifics related to what it intends to rely on or use as evidence nor a certificate that the records / videos were was made and kept in the course of a regularly conducted business activity. and if it was the regular practice of that business to make the report or record. 28. Latah County Sheriff's Office Deputy Darren Duke body camera video on August 21, 2022 (AV000100). This disclosure cannot be presented by the State of Idaho pursuant to IRE 803 (8) (A) (ii) (b). This is not a business record. 29. Latah County Sheriff's Office citation issued on August 21, 2022 (Bates Number 13012- 13013). This disclosure cannot be presented by the State of Idaho pursuant to IRE 803 (8) (A) (ii) (b). This is not a business record. 30. Marshall's financial records for Mr.Kohberger (AV000269, AV000350, AV0000861) AV000269 This disclosure contains Marshall's receipts. DEFENDANT'S OBJECTION TO STATE'S MOTION IN LIMINE RE: SELF-AUTHENTICATION OF RECORDS Page 6 AV000350 Contains a variety of documents that include police reports, photos, interview, hand-written notes, consent forms, victimology questionnaires, receipts, copies of messages and other documents most of which are not related to Mr. Kohberger. The state has not supplied a certification of any record within this file. AV000861 Contains a single page document listing purchases from multiple businesses. This file contains nothing to identify what it is or who it is about. No certification accompanies this document stating who generated this document or who it relates to. The State has not provided any specifics related to what it intends to rely on or use as evidence nor a certificate that the records / videos were was made and kept in the course of a regularly conducted business activity. and if it was the regular practice of that business to make the report or record 31. National Weather Service records for November 12 and 13, 2022. (Bates Pages 15720-15738) The State has not provided certification in compliance with caselaw and rule. 32. Numerica Bank records for K.G. (Hard drive provided on 4/5/23, AV000258, AV000828 and AV000849) The Hard drive contains account information produced pursuant to a search warrant. AV000258 contains a sheet with sign-in information AV000828 contains information produced pursuant to a search warrant. AV000849 contains multiple files of unrelated records as well as a duplicate of AV000828 Only one file has a purported certification. The State has not provided any specifics related to what it intends to rely on or use as evidence nor a certificate that the records / videos were was made and kept in the course of a regularly conducted business activity. and if it was the regular practice of that business to make the report or record 33. PayPal / Venmo financial records (Hard drive provided on 4/5/23; AV000215, AV000260, AV000793) AV000215 This disclosure contains Venmo record for Mr. Kohberger. This record does not have any sort of compliance with caselaw or statute AV000260 This disclosure contains records from Synchrony for Mr. Kohberger's PayPal. The State has included a purported certification of these records is included AV000793 This disclosure contains records from Paypal. These records are different from those contained in AV000260. The State has not supplied Certification. The State has not provided any specifics related to what it intends to rely on or use as evidence nor a certificate that the records / videos were was m