Motion for Exception or Extension of Time

Filed: 06/09/2023 10:36:55 Second Judicial District, Latah County Julie Fry, Clerk of the Court
By: Deputy Clerk-Reeves, Tamzen Anne C. Taylor, Public Defender Kootenai County Public Defender PO Box 9000 Coeur d'Alene, Idaho 83816
Phone: (208) 446-1700; Fax: (208) 446-1701
Bar Number: 5836 iCourt Email: pdfax@kcgov.us Assigned Attorney:
Anne C. Taylor, Public Defender, Bar Number: 5836 Jay W. Logsdon, Chief Deputy Public Defender, Bar Number: 8759 Elisa G. Massoth, Bar Number: 5647
IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH

STATE OF IDAHO CASE NUMBER CR29-22-2805

Plaintiff,
MOTION FOR AN EXCEPTION OR IN

V. THE ALTERNATIVE TO EXTEND TIME

FOR COMPLIANCE WITH I.C. §19-519

BRYAN C. KOHBERGER,

Defendant.

COMES NOW, Bryan C. Kohberger, by and through his attorney, Anne C. Taylor, Public Defender and hereby requests the Court to find good cause for an exception, or in the alternative, extend time for compliance with Idaho Code §19-519.

This motion is made on the grounds that I.C. §19-519 (5) authorizes the court, for good cause shown, to order an exception to compliance with the statute. Good Cause for an exception in Mr. Kohberger's case exists. Since Mr. Kohberger's arrest in late December the Prosecutor has disclosed 51 terabytes of information that includes thousands of pages of discovery, thousands of photographs, hundreds of hours of recordings, further, many gigabytes of electronic
MOTION FOR AN EXCEPTION OR IN THE ALTERNATIVE

TO EXTEND TIME FOR COMPLIANCE WITH I.C. §19-519 PAGE-1

phone record and social media data has been disclosed. Discovery is voluminous and still ongoing. Mr. Kohberger and his defense team continue to both navigate discovery disclosed by the state and investigate the charges against Mr. Kohberger. Compliance with I.C. §19-519 is, at a minimum, premature as wading through the extensive information that makes up the case is incomplete. Compliance with I.C. §19-519 may tread into disclosures of protected information.

The defense needs time to make this determination and consider evidentiary rules. As such, Mr.

Kohberger respectfully requests an exception to compliance with I.C. §19-519 or an extension of time.

Should the Court not be inclined to grant this Motion, counsel requests that this motion be set for hearing in order to present oral argument, evidence and / or testimony in support thereof. Requested time is 15 (fifteen) minutes.

DATED this 9 day of June, 2023.

ANNE C. TAYLOR, PUBLIC DEFENDER

ΚΟΟΤΕΝΑI COUNTY PUBLIC DEFENDER

an
BY:

ANNE TAYLOR

PUBLIC DEFENDER

ASSIGNED ATTORNEY

CERTIFICATE OF DELIVERY

I hereby certify that a true and correct copy of the foregoing was personally served as indicated below on the 9 day of June, 2023 addressed to:
Latah County Prosecuting Attorney -via Email: paservice@latahcountyid.gov Elisa Massoth – via Email: legalassistant@kmrs.net
Ingrid Batey-via Email: ingrid.batey@ag.idaho.gov
Jeff Nye-via Email: jeff.nye@ag.idaho.gov Defeful
MOTION FOR AN EXCEPTION OR IN THE ALTERNATIVE

TO EXTEND TIME FOR COMPLIANCE WITH I.C. §19-519 PAGE-2