Public Order Denying Motion to Dismiss Indictment

Filed: 12/15/2023 16:07:57 Second Judicial District, Latah County Julie Fry, Clerk of the Court
By: Deputy Clerk-Mottern, Beth
IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF

THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAН

STATE OF IDAHO,)

) Case No. CR29-22-2805 Plaintiff,)
) PUBLIC ORDER DENYING MOTION

VS.) TO DISMISS INDICTMENT ON

) GROUNDS OF BIASED GRAND JURY,

(INADMISSIBLE EVIDENCE, LACK OF

BRYAN C. KOHBERGER) SUFFICIENT EVIDENCE, AND

) PROSECUTORIAL MISCONDUCT

Defendant.) ) On August 23, 2023, Kohberger filed a Motion to Dismiss Indictment on Grounds of Biased Grand Jury, Inadmissible Evidence, Lack of Sufficient Evidence, and Prosecutorial Misconduct in Withholding Exculpatory Evidence. On September 14, 2023, the State filed an Objection to Defendant's Second Motion to Dismiss Indictment. On September 20, 2023, Kohberger filed a Reply to State's Objection.

A hearing on the motion was held on October 26, 2023. Kohberger was represented by Anne Taylor, Jay Logsdon, and Elisa Massoth. The State was represented by William W. Thompson, Jr., Ashley Jennings, Jeff Nye, and Ingrid Batey. This hearing was closed to the public and media cameras to protect the secrecy of the grand jury proceedings. The decision will also be sealed; however, the results of that decision are addressed in this Public Order for the public's benefit.

Kohberger has failed to successfully challenge the indictment on grounds of juror bias, lack
PUBLIC ORDER DENYING MOTION TO DISMISS INDICTMENT

ON GROUNDS OF BIASED GRAND JURY, INADMISSIBLE

EVIDENCE, LACK OF SUFFICIENT EVIDENCE, AND

PROSECUTORIAL MISCONDUCT-1

of sufficient admissible evidence, or prosecutorial misconduct. Kohberger was indicted by an impartial grand jury who had sufficient admissible evidence to find probable cause to believe Kohberger committed the crimes alleged by the State. Further, the State did not engage in prosecutorial misconduct in presenting their case to the jury.

DATED this 15th day of December 2023.

John C. Judge District Judge
PUBLIC ORDER DENYING MOTION TO DISMISS INDICTMENT

ON GROUNDS OF BIASED GRAND JURY, INADMISSIBLE

EVIDENCE, LACK OF SUFFICIENT EVIDENCE, AND

PROSECUTORIAL MISCONDUCT-2

CERTIFICATE OF SERVICE

I certify that copies of the PUBLIC ORDER DENYING MOTION TO DISMISS INDICTMENT
ON GROUNDS OF BIASED GRAND JURY, INADMISSIBLE EVIDENE, LACK OF
SUFFICIENT EVIDENCE, AND PROSECUTORIAL MISCONDCUT were delivered by email to:
William W. Thompson, Jr., and Ashley Jennings Latah County Prosecuting Attorney Paservice@latah.id.us Jeffery Nye Deputy Attorney General Jeff.nye@ag.idaho.gov Ingrid Batey Deputy Attorney General Ingrid.batey@ag.idaho.gov Anne C. Taylor and Jay Logsdon Attorney for Defendant pdfax@kcgov.us Elisa C. Massoth Attorney for Defendant emassoth@kmrs.net on this 15th day of December 2023.

CLERK OF THE COURT

Hattern By:
Deputy Clerk
PUBLIC ORDER DENYING MOTION TO DISMISS INDICTMENT

ON GROUNDS OF BIASED GRAND JURY, INADMISSIBLE

EVIDENCE, LACK OF SUFFICIENT EVIDENCE, AND

PROSECUTORIAL MISCONDUCT-3