Court Filing
Filed: 06/09/2023 10:34:39 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, DEFENDANT'S RESPONSE TO V. STATE'S REQUEST FOR DISCOVERY DISCLOSURE; ALIBI BRYAN C. KOHBERGER, DEMAND Defendant. COMES NOW, Bryan C. Kohberger, by and through his attorney of record, Anne C. Taylor, Public Defender, and hereby submits the Defendant's Response to the State's Request for Discovery Disclosure and Alibi Demand filed with the court on May 23, 2023. 1. All books, papers, documents, photographs, tangible objects or copies or portions thereof, which are within the possession, custody or control of the defendant, and which the defendant intends to introduce in evidence at trial. Mr. Kohberger's investigation and preparation of his defense is underway. As determinations are made about trial evidence, the same will be timely disclosed. 2. All results or reports of physical or mental examinations and of scientific tests or experiments made in connection with this case, or copies thereof, within the possession or control of the defendant, which the defendant intends to introduce in evidence at trial, or which were prepared by a witness whom the defendant DEFENDANT'S RESPONSE TO STATE'S REQUEST FOR DISCOVERY DISCLOSURE; ALIBI DEMAND Page-1 intends to call at the trial when the results or reports relate to testimony of the witness. Mr. Kohberger's investigation and preparation of his defense is underway. As determinations are made about trial evidence, the same will be timely disclosed. As determinations are made about testifying witnesses, relating discoverable materials will be disclosed. 3. A list of the names and addresses of all witnesses the defendant intends to call at trial. Mr. Kohberger's investigation and preparation of his defense is underway. Trial witnesses will be disclosed as determinations are made. Mr. Kohberger does intend to call individuals named in the State's supplied discovery materials. 4. All written summaries or reports of any testimony that the defense intends to introduce pursuant to Rules 702, 703 or 705 of the Idaho Rules of Evidence at trial or hearing. The summaries provided must describe the witness's opinions, the facts and data for those opinions and the witness's qualifications. Disclosure of expert opinions regarding mental health shall also comply with the requirements of I.C. §18-207. Mr. Kohberger's investigation and preparation of his defense is underway. Once determinations are made and materials are prepared, Mr. Kohberger will supply information consistent with Idaho Criminal Rule 16 and Idaho Rules of Evidence 702, 703, and / or 705. Further, if Idaho Code 18-207 is applicable Mr. Kohberger shall comply with requirements thereof. Mr. Kohberger has filed a contemporaneous motion for an exception, or in the alternative an extension of time for Notice of Alibi. DATED this 9 day of June, 2023. ANNE C. TAYLOR, PUBLIC DEFENDER ΚΟΟΤΕΝΑI COUNTY PUBLIC DEFENDER an BY: ANNE TAYLOR PUBLIC DEFENDER ASSIGNED ATTORNEY DEFENDANT'S RESPONSE TO STATE'S REQUEST FOR DISCOVERY DISCLOSURE; ALIBI DEMAND Page-2 CERTIFICATE OF DELIVERY I hereby certify that a true and correct copy of the foregoing was personally served as indicated blow on the 9 day of June, 2023 addressed to: Latah County Prosecuting Attorney -via iCourt: 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 Defuful DEFENDANT'S RESPONSE TO STATE'S REQUEST FOR DISCOVERY DISCLOSURE; ALIBI DEMAND Page-3