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, REPLY TO STATE'S OBJECTION ΤΟ V. DEFENDNAT'S MOTION TO STRIKE THE DEATH PENALTY ON GROUNDS BRYAN C. KOHBERGER, OF STATE SPEEDY TRIAL PREVENTING EFFECTIVE Defendant. ASSISTANCE OF COUNSEL 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 for an Order striking the State's Notice Pursuant to Idaho Code § 19-4004A on the grounds that Idaho's statutory and REPLY TO STATE'S OBJECTION TO DEFENDANT'S MOTION TO STRIKE THE DEATH PENALTY ON GROUNDS OF STATE SPEEDY TRIAL PREVENTING EFFECTIVE ASSISTANCE OF COUNSEL Page 1 constitutional guarantee to a speedy trial prevents effective assistance of counsel in death penalty cases. Interestingly, the State impliedly concedes that having to choose between two constitutional rights would violate the constitution by focusing its entire brief on what the Idaho Constitution guarantees a defendant by way of a speedy trial. The State denies that the Idaho Constitution guarantees a particular time frame for a trial, relying on cases from the Idaho Supreme Court that Mr. Kohberger argued must be overruled. The State provides no authority that supports these cases, it merely insists that they are the authority and must be followed. This is unsurprising, as these cases lack the sort of analysis typically seen in cases considering what the constitution meant when it was ratified. Compare State v. Lindsay, 96 Idaho 474, 475 (1975), with State v. Clarke, 165 Idaho 393, 397, 446 P.3d 451, 455 (2019)). Without any argument as to what the Idaho Constitution's speedy trial right meant to the framers, the State's objection provides little for Mr. Kohberger to respond to. He asks this Court to analyze the Idaho Constitution's guarantee and recognize that the framers expected better than the Barker factors to protect citizens from the government. DATED this 24 day of October, 2024. Jay Lessder BY: JAY W. LOGSDON FIRST DISTRICT PUBLIC DEFENDER REPLY TO STATE'S OBJECTION TO DEFENDANT'S MOTION TO STRIKE THE DEATH PENALTY ON GROUNDS OF STATE SPEEDY TRIAL PREVENTING EFFECTIVE ASSISTANCE OF COUNSEL Page 2 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 REPLY TO STATE'S OBJECTION TO DEFENDANT'S MOTION TO STRIKE THE DEATH PENALTY ON GROUNDS OF STATE SPEEDY TRIAL PREVENTING EFFECTIVE ASSISTANCE OF COUNSEL Page 3