Court Filing
Electronically Filed 3/26/2025 4:02 PM Fourth Judicial District, Ada County Trent Tripple, Clerk of the Court By: Jennifer Keyes, Deputy Clerk Anne Taylor Law, PLLC 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, NOTICE OF FILING DECLARATION IN V. SUPPORT OF DEFENDANT'S OBJECTION TO THE STATE'S BRYAN C. KOHBERGER, MOTION IN LIMINE Defendant. RE: ADMISSIBILITY OF DEMONSTRATIVE EXHIBITS AND MEMORANDUM IN SUPPORT COMES NOW, Bryan C. Kohberger, by and through his attorneys of record, and hereby files the accompanying Declaration of Matthew Noedel in support of their Objection to the NOTICE OF FILING DECLARATION IN SUPPORT OF DEFENDANT'S OBJECTION TO THE STATE'S MOTION IN LIMINE RE: ADMISSIBILITY OF DEMONSTRATIVE EXHIBITS AND MEMORANDUM IN SUPPORT Page 1 State's Motion in Limine RE: Admissibility of Demonstrative Exhibits and Memorandum in Support filed with the Court on March 17, 2025. DATED this 26 day of March, 2025. an 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 26 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 NOTICE OF FILING DECLARATION IN SUPPORT OF DEFENDANT'S OBJECTION TO THE STATE'S MOTION IN LIMINE RE: ADMISSIBILITY OF DEMONSTRATIVE EXHIBITS AND MEMORANDUM IN SUPPORT Page 2 DECLARATION OF MATTHEW NOEDEL I, Matthew Noedel, swear under penalties of perjury that the information in this declaration is true and correct to the best of my knowledge. 1. My name is Matthew Noedel. 2. I am an adult, over the age of 18, and I have personal knowledge of the facts set forth in this Affidavit. 3. I am a forensic scientist with degrees in Microbiology, Medical Technology and Forensic Science; certifications in Firearms, Tool Marks, Gunshot Residue and Laser Scanning. My total experience includes over 38 years working exclusively in forensic science as outlined in the attached CV. 4. I have been retained as a consultant by the defense in Mr. Kohberger's case. One of my key roles in the case is to assist the defense team in investigating and reconstructing the scene. 5. During the course of my work, I have had the opportunity to observe the scene. I conducted a 3D scan of the scene at the first opportunity provided to the Defense. The purpose of 3D scanning a scene is to understand and depict the way a scene appeared and be able to troubleshoot that scene in a " to scale " manner. It is imperative to acquire the scans appropriately and register (stitch together) the scans accurately to ensure they meet evidentiary standards for further troubleshooting of the events. 6. I am aware that the State has conducted at least one set of scans (that depicts only the two rooms with the deceased in-situ acquired in the first hours of the investigation) and a report that indicated a second set of 3D scans was acquired (on or around November 1, 2023), but that data had not been produced until recently (March 14, 2025). Prior to March 14, 2025, I have been provided with only the early scan data that depicts two rooms in the house. 7. Recently, I was made aware that the State had intended to use the previously unproduced data from the second set of 3D scans to build a replica model of the residence and associated topography for trial. I have only recently been provided with scan data and have not seen the final product, model or other data the builders of the model intend to rely upon. I have not been provided with the details as to how the data from the 3D scans will be incorporated into a demonstrative model or how the model may be used in presentation to the jury. 8. I have concerns about any replica utilized for trial that has not been verified as to scale. Given the unique layout of the house, any misrepresentation of where a wall is or where a door was located or what the actual line of sight was will be misleading and could cause a jury to place significance on something that is not accurate. Utilizing a replica that is not to scale will invite speculation and confuse the jury. DECLARATION OF MATTHEW NOEDEL Page 1 9. In addition, I have been informed that the model will not have any furniture, original materials or other objects that take up space in the normal layout of the residence. The absence of these features can influence the appearance of spatial relationships as they actually existed and were captured in original photos and video. While it is unclear at this time, the intended use of the model, these are the concerns I currently have incorporating such a model at this late stage of the event analysis. 10. Finally, on March 14, 2025, I was provided with the data from which the model will be built. This data includes over 100 individual 3D scans that have been stitched together and include not only the residence, but the topography of the surrounding landscape. Assessing this data will take considerable time and then examining the finished product and verifying scale, dimension and completeness will take additional time on top of that. By way of reference, it will take at least a full day (if not more) just to download the data from the server. 11. Once the download has been completed the analysis will take approximately one or two days to assess the scan data. After my analysis of the scan data is complete, I will need to arrange a viewing of the exhibit and a description as to how the scan data was translated into the actual physical exhibit needs to be provided. 12. Traveling to examine the model created and documenting what may be needed to further assess it are things that are not built into my schedule at this time. I will need to schedule this additional examination around other commitments previously made and find time to travel from the Seattle area to wherever the model is stored (approximately one day) and then assess and document the model on a second day with return travel later that day. The earliest available times for such a turnaround given my schedule start around the week of April 7, 2025, with hit and miss appointments and testimonies scheduled within that time frame. DATED this 24th day of March, 2025. MATTHEW NOEDEL DECLARATION OF MATTHEW NOEDEL Page 2