Motion to Enlarge Time to File Pretrial Motions

CLRK CASE

MAY BY

OF NO

19
DIST DIST 2023 CR

Anne C. Taylor, Public Defender Kootenai County Public Defender CLA
CT 29-22-2805

PO Box 9000 PM3 DEPUTY Coeur d'Alene, Idaho 83816.

LATAH: 00

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 TO ENLARGE TIME ΤΟ

V. FILE PRETRIAL MOTIONS AND

MEMORANDUM IN SUPPORT

BRYAN C. KOHBERGER,

Defendant.

COMES NOW, Bryan C. Kohberger, by and through his attorney, Anne C. Taylor, Public Defender, hereby moves the Court for an order enlarging the time for the filing of pretrial motions in this matter.

Procedural History The Indictment for the above-entitled matter was filed on May 16, 2023; Counsel for the Defendant filed its initial Request for Discovery on January 10, 2023. Counsel for the Defendant filed a Motion to Make Available the Record of All Proceedings of the Grand Jury on May 19, 2023.

MOTION TO ENLARGE TIME TO FILE PRETRIAL

MOTIONS AND MEMORANDUM IN SUPPORT Page-1

Based on the amount of time it will likely take to receive and review all grand jury materials for this matter, Counsel will need additional time to file pretrial motions pursuant to Idaho Criminal Rule 12.

Request Counsel requests enlargement of time to file pretrial motions of at least twenty-eight days from the receipt of the requested grand jury materials and other discovery materials previously requested. As of the time of the filing of this Motion to Enlarge Time, Counsel for the Defendant has not received any of the grand jury materials; the review of such materials are critical to the adequate preparation of the Defendant's defense, and will cause Counsel for the Defendant to likely file pretrial motions regarding various evidentiary issues, challenges to the grand jury, and possible motions for suppression of evidence.

Counsel makes this request for the enlargement of time based on the belief the Defendant will be subject to prejudice, harmful error, and inadequate defense without the opportunity review grand jury materials prior to the filing of pretrial motions.

Conclusion Based on the foregoing reasons, Counsel requests enlargement of time to file pretrial motions. If argument is required on the matter, the Defendant requests ten (10) minutes time.

DATED this 19 day of May, 2023.

ANNE C. TAYLOR, PUBLIC DEFENDER

ΚΟΟΤΕΝΑΙ COUNTY PUBLIC DEFENDER

an
BY:

ANNE TAYLOR

PUBLIC DEFENDER

ASSIGNED ATTORNEY

MOTION TO ENLARGE TIME TO FILE PRETRIAL

MOTIONS AND MEMORANDUM IN SUPPORT Page-2

CERTIFICATE OF DELIVERY

I hereby certify that a true and correct copy of the foregoing was personally served as indicated below on the 19 day of May, 2023 addressed to:
Latah County Prosecuting Attorney-Via iCourt: paservice@latahcountyid.gov Jeff Nye, Deputy Attorney General – via iCourt: jeff.nye@ag.idaho.gov Ingrid Batey, Deputy Attorney General – via iCourt: ingrid.batey@ag.idaho.gov
Elisa Massoth-via iCourt: legalassistant@kmrs.net Del
MOTION TO ENLARGE TIME TO FILE PRETRIAL

MOTIONS AND MEMORANDUM IN SUPPORT Page-3