Court Filing
Electronically Filed 3/17/2025 5:25 PM Fourth Judicial District, Ada County Trent Tripple, Clerk of the Court By: Jennifer Keyes, Deputy Clerk LATAH COUNTY PROSECUTOR'S OFFICE WILLIAM W. THOMPSON, JR., ISB No, 2613 PROSECUTING ATTORNEY ASHLEY S. JENNINGS, ISB. No. 8492 SENIOR DEPUTY PROSECUTING ATTORNEY Latah County Courthouse 522 S. Adams Street, Ste. 211 Moscow, ID 83843 Phone: (208) 883-2246 ISB No. 2613 paservice@latahcountyid.gov 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 No. CR01-24-31665 Plaintiff, AFFIDAVIT OF V. RYLENE NOWLIN BRYAN C. KOHBERGER, Defendant. 1. I am over the age of 18 years old and competent to make this affidavit based on my personal knowledge. 2. I am employed as the Laboratory Manager of the Idaho State Police Forensic Services (ISPFS) Laboratory in Meridian, Idaho. 3. I have been employed with ISPFS since November 2002 and have served as the Meridian Laboratory Manager since September 2014. 4. I am currently qualified and proficiency tested as a DNA analyst. I have been qualified in DNA analysis since May 2005. AFFIDAVIT OF RYLENE NOWLIN 1 5. There is not a consensus in the forensic DNA community that DNA lab analysts should not opine about DNA transfer, persistence, prevalence and recovery (DNA-TPPR). Although the recommendation (Recommendation 7.1 *) was included in the NIST report titled Forensic DNA Interpretation and Human Factors: Improving Practice Through a Systems Approach published in May 2024, there were two members of the working group who dissented from that recommendation. As a result, the recommendation was marked with an * and a footnote documenting the non-consensus was included in the report. In addition, the report was published as a final draft and was never posted as a working draft to the wider community for public comment. 6. There is a divide in the forensic DNA community on this topic. One side supports the NIST report's recommendation. The other side believes that not offering an opinion based on knowledge of molecular biology / DNA when it may aid the trier of fact is unethical. At the most recent American Academy of Forensic Sciences meeting held in Baltimore in February of 2025, there were presentations supporting both sides of this argument, demonstrating the current divide in the community. 7. The phrase “ touch DNA ” is widely used in the forensic DNA community and was used in Dr. Ruth Ballard's expert witness disclosure for this case when referring to the DNA on the knife sheath. It is typically used to describe DNA collected from items of evidence in areas on the item that would most likely be touched by the user of that item. 8. The term “ Trace DNA ” implies amount. The word trace is defined as a very small amount and is used in the scientific literature when describing evidence samples with low amounts of DNA that do not yield a profile or only a partial profile. I would not be willing to use that term and it would be inappropriate to apply that term to the DNA on the knife sheath because AFFIDAVIT OF RYLENE NOWLIN 2 a trace amount of DNA is not what was detected on Item 1.1, and referring to it as trace DNA would be misleading to the trier of fact. I certify (or declare) under penalty of perjury pursuant to the law the State of Idaho that the foregoing is true and correct. Ashw2.m 03/17/2025 Date Rylene L. Nowlin AFFIDAVIT OF RYLENE NOWLIN 3 CERTIFICATE OF DELIVERY I hereby certify that true and correct copies of the AFFIDAVIT OF RYLENE NOWLIN were served on the following in the manner indicated below: Anne Taylor Mailed Attorney at Law E-filed & Served / E-mailed PO Box 2347 Faxed Coeur D Alene, ID 83816 Hand Delivered Dated this 17th day of March 2025. Savemen AFFIDAVIT OF RYLENE NOWLIN 4