Defendants Proposed Jury Questionnaire

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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 No. CR01-24-31665
VS.

JURY QUESTIONNAIRE

BRYAN C. KOHBERGER,

Defendant.

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RED Card # 1 Your Full Name (including aliases):
2 Date of Birth:
3 4 The purpose of this questionnaire is to allow the Court and the parties in this case to select a jury 5 as quickly and efficiently as possible.

6 This questionnaire seeks to help the Court and all parties efficiently obtain information related to 7 your ability to serve as a neutral juror for the trial listed on the cover page. The process of jury selection for 8 this trial will happen in two stages. The first stage entails completing of this questionnaire. The second 9 stage includes answering questions in person. The use of this questionnaire is to help shorten the process 10 of selecting the jury overall.

11 Please answer each question to the best of your ability. There are no " right " or " wrong " answers.

12 The Court seeks information about your experiences, knowledge or feelings. Please provide honest, 13 accurate, and complete answers to each question to help us with jury selection in this particular case.

14 No one, including Court staff can help you answer these questions. If you do not know the answer 15 to a question, write " don't know. " If you do not understand a question, write " don't understand. " If you 16 find that there is not enough time or room for you to completely answer a question, write " incomplete 17 answer. " 18 There are pages to this questionnaire, including the cover page. In the upper right hand corner 19 of all the pages there is a space for you to indicate your juror card number that appears on the cover page.

20 Please fill that information in on each page. If you need more room, extra pages are provided.

21 After you leave today, you may not discuss any of the questions or your answers with anyone 22 else, including spouse, children, or other members of your immediate family. Do not personally 23 investigate this case or look information or news about it by using any outside source of information, 24 including the internet. YOU WILL BE REQUIRED TO SWEAR UNDER OATH, SUBJECT TO
25 PERJURY AND CONTEMPT OF COURT, THAT YOU HAVE NOT VIOLATED THESE
26 INSTRUCTIONS. If anyone approaches you and attempts to learn about any aspect of the questionnaire, 27 or this case, you may not answer their inquiries. If they persist, you must report this to the Court.

28 YOU SHOULD NOT DISCUSS THIS CASE WITH ANYONE.

29 30 31 32 33
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1 UNDER THE PENALTY OF PERJURY I DO SWEAR OR AFFIRM THAT THE ANSWERS TO
2 THE FOLLOWING QUESTIONS ARE TRUE.

3 Full Name:
4 5 (Last) (First) (Middle Initial) 6 7 Juror No.

8
9 PART I. GENERAL BACKGROUND

10 1. What is your gender?

11 2. Are you a citizen of the United States?

12 3. Are you at least 18 years of age?

13 4. What is your birth date?

14 5. Please list other names you have used:
15 6. Are you a resident of Ada County? How long?

16 7. Do you have difficulty reading, speaking, or understand the English language?

17 If " yes, " please explain.

18 19 8. Idaho law provides that nursing mothers can have their jury service postponed until they are no 20 longer nursing. Are you a nursing mother who would like to have your jury service postponed?

21 Yes No 22 9. Have you lost the right to vote because of a criminal conviction?

23 10. What is your current marital status? (circle one that applies) 24 Single Never married Married years 25 Separated Widowed Living with partner years 26 Divorced Remarried 27 11. Do you have any children? Yes No How many?

28 12. If your answer was “ yes ” to question No. 12, please provide the following information:
29 Sex Age Highest Education Obtained Occupation 30 31 32 33 34 13. How long have you lived at your current residence?

35 a. Do you rent or own?

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RED Card # 1 14. If there are any other adults, other than your spouse / partner, living in your home, please state their 2 occupation. If they are not presently employed, please state if they are a homemaker, unemployed, 3 retired, disabled, student, etc.

4 Name Age Occupational Status 5 6 7 8 15. Do you routinely contribute service or money to, or actively support, any civic or charitable 9 organization?

10 Yes No 11 Please describe.

12 13 14 16. Have you or your spouse / partner ever sought assistance from, donated money to, and / or worked 15 for the American Civil Liberties Union (ACLU), Amnesty International, or a similar organization 16 that advocated for criminal justice reform or civil rights of criminal defendants?

17 Yes No 18 If " yes, " then when, and for what organization?

19 20 21 17. Have you or your spouse / partner ever sought assistance from, donated money to, and / or worked 22 for a neighborhood crime watch program, a crime stoppers group, the Fraternal Order of Police, or 23 other organization that supports or advocates for criminal prosecutions, crime victim's rights, or 24 law enforcement organizations?

25 Yes No 26 18. Have you, your spouse / partner, a relative or close friend ever sought assistance from, donated 27 money to, and / or worked for any group or association that favors jury nullification (refusing to 28 follow the law because of a disagreement with the law?

29 Yes No 30 If " yes, " then when, for what organization, and what is / was the extent of your / their participation?

31 32 33
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RED Card # 1 19. Have you or any member of your immediate family ever belonged to a (crime) victim's rights 2 organization, or supported the work of such an organization? Yes No 3 If yes, what is / was the extent of your / their participation?

4 20. Have you or any member of your immediate family been part of an advocacy or political lobby 5 group focusing its efforts on tougher criminal laws or punishment, or victim's rights?

6 YES NO

7 If yes please identify the organization (s) you have supported.

8 9 10 21. Do you have any medical issues, such as vision problems, hearing problems, or any other current 11 physical or mental health concerns that would make it difficult for you to serve as a juror? Jury 12 Service in this case will require you to be available and in court from 8:30 – 3:30 daily for a period 13 of 3 months.

14 Yes No 15 If you have such an issue, please briefly state the nature of it, the limitations it imposes that would 16 affect your ability to serve as a juror:
17 18 19 Are there accommodations that the Court can provide that would make jury service possible 20 (e.g. more frequent breaks, or the ability to stand and stretch during trial, etc.):
21 Yes No 22 If yes, please explain:
23 24 25 22. Are you presently taking any form of medication that could interfere with your ability to serve as 26 a juror? If so, please list the medications you are taking, the reasons for taking them, how often 27 you take them (e.g., every 4 hours) and how the medication impacts your ability to serve as a juror 28 (e.g., makes me drowsy or clouds my thinking):
29 Medication Reason for Taking How OftenTaking How it Interferes 30 31 32 33 34
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1 PART II. EMPLOYMENT HISTORY

2 22. Have you ever served in the armed forces? Yes No 3 a. Branch of service and highest rank.

4 b. Dates and places of service.

5 с. Are you a combat veteran? Yes No 6 7 23. What is your occupational status? (Mark X next to those that apply) 8 Work full-time. Where:
9 Work part-time. Where:
10 Full-time work as household manager (Homemaker) 11 Household manager / Homemaker with outside part-time employment. Where:
12 13 Volunteer full-time with charitable, educational, religious or other nonprofit organization.

14 Where:
15 Volunteer part-time with charitable, educational, religious or other nonprofit organization.

16 Where:
17 Unemployed-looking for work 18 Full-time student. Where:
19 Part-time student. Where:
20 Retired. From where:
21 Other. (Please explain) 22 24. What is your current occupation / job title (if applicable)?

23 25. Who is your current employer?

24 26. For the past 10 years, please list your employers / occupations prior to your current 25 employer / occupation and approximate years of employment:
26 27 28 29 30 27. Are you know, or have you ever been a supervisor? YES NO 31 32 27. Have you ever studied or received any training or had any experience in the following: law, 33 criminology, law enforcement, criminal forensics, data forensics, science, medicine, genetics, vehicle 34 identification (circle those that apply).

35 If yes to any of the above, please explain:
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RED Card # 1 2 3 28. What is your spouse / partner's current occupational status, occupation, current job title, and / or 4 employer? If not currently employed, please state what they did and for whom they were previously 5 employed.

6 7 8 9 10 29. Have you, your spouse / partner or any immediate family member, or close friend been employed by 11 any of the following? (Mark X to all that apply) 12 The University of Idaho (any campus) 13 Federal law-enforcement agencies (FBI, ATF, DEA, Secret Service, etc.) 14 Latah County Sheriff's Department 15 Moscow City Police 16 Ada County Sheriff's Office 17 Idaho State Police 18 Pennsylvania State Police 19 Idaho State Forensic Lab 20 Idaho State Police Crime Laboratory 21 Any other State, County or City Law-Enforcement Agency 22 Private Investigation Agency 23 Forensic Examiner (Coroner's Office) 24 Spokane County Medical Examiner 25 Latah County Coroner, Cathy Mabutt (or her law firm) 26 Latah County Prosecutor's Office 27 Any Prosecuting Attorney's Office 28 Idaho Attorney General 29 Criminal Defense Law Firm / Attorney 30 Public defender's office (state or federal) 31 Court (state or federal) 32 Television / Radio, Publishing, Podcasts, YouTube / Other Social Media Platforms, 33 Documentary or other media productions related to real crime programming. (This includes 34 hosting or regularly participating in podcasts, youTube channels and the like.

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RED Card # 1 If so, please state who, when and what their job was / is.

2 3
4 PART III. EDUCATION

5 30. Identify your highest educational level:
6 Professional Education (e.g. Law, Medicine) 7 graduate school 8 college graduate 9 some college: Number of years attended 10 trade school 11 high-school graduate
12 GED / HSE

13 grade school 14 31. If you did not complete high school, how many years of school did you attend?

15 32. Where did you attend?

16 33. Degrees Attained?

17 34. Area (s) of concentration:
18 35. Are you a student now? Yes No 19 a. Name of School:
20 b. Grade or Level:
21 c. Area of concentration:
22
23 PART IV. GENERAL ATTITUDES AND KNOWLEDGE OF THE LAW

24 36.. Presumption of Innocence 25 One of the fundamental principles of our legal system is that when a person is charged with a 26 crime, he must be presumed to be innocent. This presumption of innocence is only overcome if 27 the prosecution presented enough evidence to convince you beyond a reasonable doubt that he is 28 guilty.

29 If you are selected as a juror in this case, will you have any difficulty accepting and / or applying 30 the rule of law that must be presumed to be innocent?

31 YES: NO:

32 37 Burden of Proof
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RED Card # 1 The State / prosecution, has the burden of proving that is guilty beyond a 2 reasonable doubt. This burden never shifts to the defense. The defendant never has to prove that 3 he is innocent. No defendant is ever required to testify. A defendant is not required to present 4 any evidence. If the prosecution does not prove every element of an offense beyond a reasonable 5 doubt, the jury must find the defendant not guilty of that offense.

6 a. Do you understand this legal principle?

7 YES: NO:

8 b. Will you follow this legal principle?

9 YES NO

10 Do you foresee any difficulty in applying this legal principle?

11 YES NO

12 38. Under our Constitution, a defendant in a criminal case has the right to remain silent. A defendant is 13 not required to testify or to present any evidence at all.

14 a. Do you feel that a defendant should be required to testify? Yes No 15 b. In many cases, a defendant, with the advice of their attorney, may choose to not testify.

16 There are a variety of reasons this decision may be made. If this happens, do you believe it 17 means that the defendant is probably guilty or has something to hide?

18 Yes No 19 с. If Mr. Kohberger does not testify will you agree NOT to speculate as to the reason?

20 YES NO

21 d. If Mr. Kohberger does not testify will you be able to presume his is innocent?

22 YES NO

23 e. If the defendant exercises his Constitutional right to remain silent and does not testify, the 24 jury will be instructed that they may not use his silence as evidence of guilt and the jury may 25 not even discuss the fact the defendant did not testify. Can you follow this instruction and 26 not consider the defendant's silence as an indication of guilt?

27 Yes No 28 37. Under our law, the jury is required to follow the law that the judge gives them in the jury instructions, 29 even if the jury thinks the law is a bad or they disagree with it.

30 a. If selected for the jury, will you follow the law given in the jury instructions?

31 Yes No
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RED Card # 1 b. Do you feel that the jury should be free to disregard the law given in the jury instructions 2 if they disagree with that law? Yes No 3 38. Do you hold any religious, philosophical or moral belief that you believe would make it impossible 4 to sit in judgment of facts related to another or to render a fair and impartial verdict?

5 Yes No 6 If " yes, " please explain.

7 8 9 39. Have you, your spouse / partner or other close family member, or a very close friend, ever been the 10 victim of a violent or otherwise serious crime (reported or unreported)? Yes No 11 If " yes, " please explain briefly.

12 13 14 a. Was anybody arrested or prosecuted?

15 b. What was the outcome?

16 с. Do you feel that justice was served? Yes No 17 d. Can you set aside what happened to you or your family member / friend and decide the current 18 case based only on the evidence you receive in trial and the law the judge tells you to follow?

19 Yes No If No, please explain:
20 21 40. Have you, a member of your family, or a close friend ever been charged with a felony or serious 22 misdemeanor criminal offense (e.g. DUI, domestic violence, assault / battery)?

23 Yes No 24 a. Briefly describe the charges, the circumstances leading up to the charges, what agency 25 prosecuted the case and the outcome?

26 27 28 29 b. Do you feel that justice was served? Yes No 30 31 с. Do you feel that you or your family member / friend were treated fairly? Yes No 32 If No, please explain why you believe you were treated unfairly:
33 34 35 36 d. Do you harbor any ill feelings toward law enforcement, prosecutors or the courts?

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RED Card # 1 Yes No 2 3 e. Can you set aside what happened to you or your family member / friend and decide the current 4 case based only on the evidence you receive in trial and the law the judge tells you to follow?

5 Yes No _. If No, please explain:
6 7 8 9 10 11 41. Have you or a close family member or close friend ever been an inmate in any type of penal 12 institution? Yes No 13 If your answer is " yes, ” please explain who in relation to yourself and for what offense this person 14 was imprisoned and when this occurred.

15 16 17 42. Do you have any experiences with or opinions about law enforcement officers, whether positive or 18 negative, that might impair your ability to impartially evaluate the testimony of an officer during 19 this trial? Yes No 20 If " yes, " please describe.

21 22 43. Have you ever been selected to serve on a trial jury. Yes No For each time previously 23 selected as a trial jury (i.e. where you actually sat through the trial and listened to the evidence) state:
24 a. When?

25 b. Where (which Court called you for jury duty)?

26 c. Was it a civil or criminal case?

27 d. Describe the case briefly.

28 29 30 31 e. Was the case submitted to the jury for deliberations? Yes No 32 f. Did you participate in the deliberations? Yes No 33 g. Did the jury reach a verdict? Yes No 34 h. Were you the Foreperson? Yes No 35 44. The evidence in this case may include graphic testimony, videos, and photographs of the crime scene 36 and the victims, as well as possibly autopsy photos. Do you believe the potential exposure to such
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RED Card # 1 graphic evidence may prevent or make it impossible for you to serve as a juror in this case?

2 Yes No 3 If yes, please explain:
4 5 6 45. The evidence in this case may include testimony about Autism Spectrum Disorder, Obsessive 7 Compulsive Disorder, Attention Deficit Hyperactivity Disorder, and Eating Disorders.

8 Do you have a strong opinion about hearing that kind of evidence? Yes NO 9 a. If YES, what is that opinion 10 b. Which disorder?

11 c. Are you familiar with Autism? Yes NO 12 d. Have you, or a family member or close friend been diagnosed with any of the disorders listed 13 above? Yes NO 14 46. The evidence in this case may include Expert testimony. Do you have a strong opinion about Expert 15 witnesses? Yes No 16 a. If Yes, please explain what your opinion is?

17 18 19 20 45. The Jury will decide whether or not the State has proven the Defendant is guilty beyond a reasonable 21 doubt. The Judge will instruct the Jury on the law applicable to this case and it is the Jury's duty to 22 follow the law as given by the Judge. Will you follow the instructions upon the law given by the 23 Judge even if you thought the law should be different or disagree with the law as instructed by the 24 Judge? Yes No 25 If you answered “ No ” please explain your answer.

26 27 28
29 V. ATTITUDE REGARDING THE DEATH PENALTY

30 46. In this case, the State has filed a notice of intention to seek the death penalty. This means 31 that if, and only if, Mr. Kohberger is found guilty of first degree premeditated murder there will 32 be a separate trial known as a sentencing proceeding. During this sentencing proceeding, other 33 evidence may be presented to the jury. You are not to draw any conclusions about why you are 34 being asked questions about the death penalty before this trial has commenced. Do not think that
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RED Card # 1 anyone has determined that a sentencing proceeding will be required or that Mr. Kohberger will 2 be found guilty of any offense. This is very important.

3 If the defendant is convicted of first degree murder, the same jury that determined guilt may be 4 asked to determine the appropriate sentence in a separate proceeding. In the sentencing phase of 5 the case, the prosecution is required to establish the existence of an aggravating circumstance (s), 6 which the prosecution asserts support the death penalty. On the other hand, the defense will 7 present mitigating circumstances to the jury, which the defense asserts support a penalty of life 8 imprisonment. Aggravating circumstances are factors set out by statute and alleged by the State 9 in support of a death sentence. Mitigating circumstances are anything about the defendant or the 10 facts of the case that, in fairness or mercy, indicate that a sentence other than death is 11 appropriate. If you find the defendant guilty, the alternative to the death penalty is a sentence of 12 life imprisonment.

13 14 Are you opposed to discussing your viewpoint about the death penalty with the parties during Voir 15 Dire? YES NO 16 Do you feel the death penalty is used:
17 Too often Too seldom Don't know 18 Please explain.

19 20 21 22 23 24 47. Have you ever actively supported any measure to modify, reinstate or abolish the death penalty in 25 Idaho or in any other state in which you have resided?

26 Yes No 27 If your answer was “ Yes, ” please explain:
28 48. Have you participated in Idaho legisl