Court Filing
Electronically Filed 3/24/2025 2:32 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. 8491 SENIOR DEPUTY PROSECUTOR Latah County Courthouse 522 S. Adams Street, Ste. 211 Moscow, ID 83843 Phone: (208) 883-2246 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, STATE'S REPLY TO V. DEFENDANT'S OBJECTION TO STATE'S MOTION IN LIMINE BRYAN C. KOHBERGER, RE: ADMISSIBILITY OF Defendant. DEMONSTRATIVE EXHIBITS AND MEMORANDUM IN SUPPORT COMES NOW the State of Idaho, by and through the Latah County Prosecuting Attorney, and replies to the March 17, 2025 “ Defendant's Objection to State's Motion in Limine RE: Admissibility of Demonstrative Exhibits and Memorandum in Support. ” At the outset, it is necessary for the State to clarify the history between the parties on the issue of a 3D model. It is true that the State's initial plan was to ask for a “ to-scale ” 3D model of the 1122 King Road residence. As part of that, and at least partially in response to Ms. Taylor's STATE'S REPLY TO DEFENDANT'S OBJECTION TO STATE'S MOTION IN LIMINE RE: ADMISSIBILITY OF DEMONSTRATIVE EXHIBITS AND MEMORANDUM IN SUPPORT 1 October, 2023 request for additional information (see p. 2, 2nd paragraph of Defendant's Objection), the State initiated inquiries for underlying supportive data for its own review and to share with the defense. Eventually, the State realized that there was not any need for a “ to-scale " model and ultimately settled on proposing a “ not-to-scale ” 3D model as a demonstrative / illustrative exhibit. While the emails the Defendant attached to his objection make reference to a “ scale – 3D model, " (Defendant's Exhibit 2) the Defendant neglected to include the balance of the email thread which includes emails between Ms. Taylor and Ms. Jennings on February 4, 2025, and emails between the undersigned and Ms. Taylor from February 28 and March 4 where the State advised the Defendant that the State had finally received supplemental information regarding the 3D model (attached to the email) and that the State was electing to use a 3D model “ as a demonstrative exhibit (for any witness who might talk about the residence) – not an actual scale model. " See the full email thread attached hereto as State's Exhibit S-2. (Exhibit S-1 was attached to the State's original Motion in Limine dated February 21, 2025). Ms. Taylor's response to the State's inquiry regarding any concerns the Defendant had about a demonstrative exhibit (not to scale) is merely that she continues with “ the same objections as we discussed, and as I expressed in email exchanges with Ashley (Ms. Jennings). ” The Defendant's “ same objections " are reflected in Ms. Taylor's February 4, 2025, email – specifically: “ The issue I have is in the building of a to scale model (emphasis added)... ” The Defendant now argues the same objections to a “ not-to-scale ” model without recognizing the difference in the standards for demonstrative evidence. As the State outlined in its Motion in Limine dated February 21, 2025, STATE'S REPLY TO DEFENDANT'S OBJECTION TO STATE'S MOTION IN LIMINE RE: ADMISSIBILITY OF DEMONSTRATIVE EXHIBITS AND MEMORANDUM IN SUPPORT 2 demonstrative / illustrative exhibits are properly admissible when the exhibit supplements the testimony of witnesses or assists the jury in obtaining a better understanding of the facts and issues (State's Motion in Limine at page 2 citing to Masters v. Dewey, 109 Idaho 576 (Ct. App. (1985)). Demonstrative exhibits do not have to be precisely accurate (Id.). Professor Lewis, in his Idaho Trial Handbook (2d Ed.) at Section 22: 7 cites to Masters and other caselaw referred to by the State in its Motion in Limine. Professor Lewis adopts the above from Masters and continues: Exhibits are inadmissible for demonstrative purposes when they do not illustrate or make clearer some issue in the case or where they are of such character to prejudice the jury. The appropriate test is an Idaho R. Evid. 403 balancing a probative value against the dangers of unfair prejudice, distraction, confusion of the issues and waste of time. (Citation to Masters). A diagram offered for illustrative purposes needs only to be relevant to illustrate a witnesses testimony; it does not have to be shown to be precisely accurate or consistent with the testimony of other witnesses. (Citing to State v. Raudebaugh, 124 Idaho 758 (1993); and also State v. Ehrlick, 158 Idaho 900 (2015)). Id. The State respectfully submits that a not-to-scale illustrative model is no different than a diagram or a hand-drawn sketch or a floor plan (see Exhibits 5-8 presented to the Grand Jury in this case). The State recognizes that it will need to establish a foundation that the 3D model fairly depicts or represents the floor plan of 1122 King Road on November 13, 2022, and that the use of the model will be helpful to witnesses in explaining their testimony, and to the jury in understanding the evidence. STATE'S REPLY TO DEFENDANT'S OBJECTION TO STATE'S MOTION IN LIMINE RE: ADMISSIBILITY OF DEMONSTRATIVE EXHIBITS AND MEMORANDUM IN SUPPORT 3 Based on the above the State asks that the Court issue an order allowing the use of a not-to-scale 3D model of the 1122 King Road residence in order to aid witnesses in their testimony and aid the jury in understanding the evidence provided, of course, that the State's lays adequate foundation for said exhibit. RESPECTFULLY SUBMITTED this 24th day of March 2025. William W. Thompson, Jr. Prosecuting Attorney STATE'S REPLY TO DEFENDANT'S OBJECTION TO STATE'S MOTION IN LIMINE RE: ADMISSIBILITY OF DEMONSTRATIVE EXHIBITS AND MEMORANDUM IN SUPPORT 4 CERTIFICATE OF DELIVERY I hereby certify that true and correct copies of the STATE'S REPLY TO DEFENDANT’S OBJECTION TO STATE'S MOTION IN LIMINE RE: ADMISSIBILITY OF DEMONSTRATIVE EXHIBITS AND MEMORANDUM IN SUPPORT 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 24th day of March 2025. Saeng Bacill STATE'S REPLY TO DEFENDANT'S OBJECTION TO STATE'S MOTION IN LIMINE RE: ADMISSIBILITY OF DEMONSTRATIVE EXHIBITS AND MEMORANDUM IN SUPPORT 5 Bill Thompson From: Anne Taylor ████████████████████████ Sent: Tuesday, March 4, 2025 1:30 PM To: Bill Thompson; Ashley Jennings Cc: Jen Jenquine; Elisa Massoth; Doris Lunceford; bickabarlow ██████████████ Subject: RE: Courtroom Model Exhibit [Warning: External Email] - Hi Bill, I have had an opportunity to review your email and the file attached. I continue with the same objections as we discussed, and as I expressed in email exchanges with Ashley. The additional discovery and proposed use do not alleviate my concerns. I did see your Motion in Limine and plan to respond. Thanks, Anne From: Bill Thompson ███████████████████████████████ Sent: Friday, February 28, 2025 11:49 AM To: Anne Taylor ████████████████████████████ Ashley Jennings █████████████████████████████ Cc: Jen Jenquine ████████████████████████████ >; Elisa Massoth ███████████████████ Subject: RE: Courtroom Model Exhibit Hi Anne, This week we received some supplemental information from the FBI regarding the 3D model and it is being added to discovery-courtesy copy attached. As Ashley and I visited with you last week, we only want to use this as a demonstrative exhibit (for any witness who might talk about the residence) - not an actual scale model. You seemed reluctant so we're wondering what your concerns are and how we might try to address them. Thanks, Bill William W. Thompson, Jr. Latah County Prosecuting Attorney 522 S. Adams St., Ste. 211 Moscow, ID 83843 208-883-2246 █████████████████████████████ This message is confidential and may be legally privileged. Unless you are the intended recipient, you may not use, copy, or disclose this message or any information herein. If you have received this message in error, please immediately delete it and any attachments, and notify us at pa@latahcountyid.gov or by calling 208-883-2246. This address is also not valid for service of legal notices or process of any type. Any such notices or process that may lawfully be made by email should be addressed to paservice@latahcountyid.gov. Thank you. From: Anne Taylor ███████████████████████████ STATE'S EXHIBIT exhibitsticker.com Sent: Tuesday, February 4, 2025 8:58 AM 1 S-2 CR01-24-31665 To: Ashley Jennings █████████████████████████████ Cc: Bill Thompson ████████████████████████████████ Jen Jenquine ████████████████████████████; Elisa Massoth Subject: ███████████████████ RE: Courtroom Model Exhibit [Warning: External Email] Hi Ashley - The issue I have is in the building of a to scale model, this relies on expertise. I need to know who is doing it, their qualifications, the data they rely on and what programs they use to construct the model. I need this information so I can have our expert help me understand the model and make a decision. This was something we requested back in the fall / winter of 2023 when we learned of this. I don't think we have the reports, photographs or measurements taken to support the construction of the dollhouse. I don't know who is constructing it or their qualifications. I appreciate you explaining why you want to use it and I also want us to resolve as many issues between ourselves as we reasonably can. Will you provide us with the background information now so I can work with our expert to understand how this model is being constructed? I cannot stipulate to something I do not yet understand. Thanks, Anne From: Ashley Jennings < ██████████████████████████ Sent: Tuesday, February 4, 2025 8:41 AM To: Anne Taylor ██████████████████████████ Cc: Bill Thompson ███████████████████████████████ Subject: RE: Courtroom Model Exhibit Anne, The physical model has not been completed. All that we have at this point is the drawing which we were just provided (and you now have). Our hope is to have either your agreement or a court order before expending the time and resources to do the actual construction. I note the exhibit list is due on April 21, 2025, with copies to be exchanged at that point. I should also add that very little details will be demonstrated within the house. My understanding is only walls and doors will be present (no placement of bodies, etc.) This model is to help the jury in understanding the layout of the house (which, as you know, is odd). This model could be used for solely demonstrative purposes. However, our thoughts are that it would be beneficial for the jury to have context for the layout while deliberating which means we would need to admit as an exhibit. I was hopeful that we could proactively take care of some of the more routine and equally beneficial items such as this as they come up. Ashley 2 TAH COUNT Ashley Jennings Latah County Prosecutor's Office Senior Deputy Prosecutor Phone: 208.883.2246 IDAHO Email: █████████████████████ 522 South Adams St., Room 211 Moscow, ID 83843 Protecting Everyone's Rights This message is confidential and may be legally privileged. Unless you are the intended recipient, you may not use, copy or disclose this message or any information herein. If you have received this message in error, please immediately delete it and any attachments, and notify pa@latahcountyid.gov or call 208.883.2246. This address is not valid for service of legal process of any type. Any such notices or process that may lawfully be made should be addressed to paservice@latahcountyid.gov. Thank you. From: Anne Taylor < █████████████████████████ Sent: Monday, February 3, 2025 1:31 PM To: Ashley Jennings < a ███████████████████████████ Subject: RE: Courtroom Model Exhibit [Warning: External Email] Hi Ashley I am surprised to see this email. I did not see this 3-D model drawing in discovery nor did I see it in expert disclosures. I need a lot more information and I need to see this in person, likely with an expert. I cannot stipulate, especially without full discovery and expert opinion. Please provide all materials as well as when and where the model is available for our viewing. Thanks, Anne From: Ashley Jennings < ███████████████████████████ Sent: Monday, February 3, 2025 1:22 PM To: Anne Taylor < a ████████████████████████ Subject: Courtroom Model Exhibit Anne, We would like to use a to scale 3-D model of the residence at trial. We anticipate this will be on wheels and each of the residence's floors will detach. I have included a picture of the model. Would you stipulate to the entry of this model? We intend to file a motion with the Court for its use. Let me know. Thanks, Ashley 3 LATAH COUNT Ashley Jennings Latah County Prosecutor's Office Senior Deputy Prosecutor Phone: 208.883.2246 IDAHO Email: █████████████████████ 522 South Adams St., Room 211 Moscow, ID 83843 Protecting Everyone's Rights This message is confidential and may be legally privileged. Unless you are the intended recipient, you may not use, copy or disclose this message or any information herein. If you have received this message in error, please immediately delete it and any attachments, and notify pa@latahcountyid.gov or call 208.883.2246. This address is not valid for service of legal process of any type. Any such notices or process that may lawfully be made should be addressed to paservice@latahcountyid.gov. Thank you. This message is confidential and may be legally privileged. Unless you are the intended recipient, you may not use, copy or disclose this message or any information herein. If you have received this message in error, please immediately delete it and any attachments, and notify the sender. This message is confidential and may be legally privileged. Unless you are the intended recipient, you may not use, copy or disclose this message or any information herein. If you have received this message in error, please immediately delete it and any attachments, and notify the sender. This message is confidential and may be legally privileged. Unless you are the intended recipient, you may not use, copy or disclose this message or any information herein. If you have received this message in error, please immediately delete it and any attachments, and notify the sender. 4