State Response to Defendant Proposed Jury Instructions

Filed: 04/20/2025 10:13:20 Fourth Judicial District, Ada County Trent Tripple, Clerk of the Court
By: Deputy Clerk-Waters, Renee
LATAH COUNTY PROSECUTOR'S OFFICE

WILLIAM W. THOMPSON, JR., ISB No. 2613
PROSECUTING ATTORNEY

ASHLEY S. JENNINGS, ISB No. 8491
SENIOR DEPUTY PROSECUTING ATTORNEY

JOSHUA D. HURWIT, ISB. No. 9527
SPECIAL DEPUTY PROSECUTING ATTORNEY

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 DISTRICT OF THE

STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA

STATE OF IDAHO, Case No. CR01-24-31665 Plaintiff,
STATE'S RESPONSE TO

DEFENDANT'S PROPOSED JURY

INSTRUCTIONS

V.

BRYAN C. KOHBERGER, Filed Under Seal Defendant.

TO: THE DEFENDANT, BRYAN CHRISTOPHER KOHBERGER,

AND COUNSEL

PLEASE TAKE NOTICE that the undersigned files this Response to Defendant's Proposed Jury Instructions.

INTRODUCTION

The State does not object to Defendant's Proposed Jury Instructions, which are model
STATE'S RESPONSE TO DEFENDANT'S PROPOSED JURY INSTRUCTIONS 1

instructions provided in the Idaho Supreme Court's Idaho Criminal Jury Instructions (ICJI) and are also proposed by the State in its Requested Jury Instructions. To the extent it is helpful to the Court in preparing the jury instructions, the State lists Defendant's proposed instructions below, cross-references them to the State's Requested Jury Instructions, and notes any differences.

RESPONSES

ICJI 103

Defendant's proposal deviates from the model ICJI 103 provided by the Idaho Supreme Court. The State does not object to Defendant's modification, however, because it tracks the language of ICJI 1703, which is the burden of proof instruction to be given in the death penalty phase. The State included ICJI 1703's language in its Proposed Preliminary Jury Instruction No. 1 (which relies on ICJI 001 and 1703). The State submits that it is appropriate for the Court to give a version of ICJI 1703 pre-trial, post-trial, and during the penalty phase.

ICJI 318

The State agrees that ICJI 318 should be given if applicable based on testimony during trial. The State listed ICJI 318 as its Proposed Post-Proof Instruction No. 22.

ICJI 319

The State agrees that ICJI 319 should be given if applicable based on testimony during trial. The State listed ICJI 319 as its Proposed Post-Proof Instruction No. 23.

ICJI 345

The State agrees that ICJI 345 should be given if applicable based on testimony during trial. The State listed ICJI 345 as its Proposed Post-Proof Instruction No. 26.

STATE'S RESPONSE TO DEFENDANT'S PROPOSED JURY INSTRUCTIONS 2

ICJI 700B

The State agrees that ICJI 700B should be given. The State listed ICJI 700B as its Proposed Post-Proof Instruction No. 17.

ICJI 700C

The State agrees that ICJI 700C should be given. The State listed ICJI 700C as its Proposed Post-Proof Instruction No. 18.

ICJI 1701

The State agrees that ICJI 1701 should be given. The State listed ICJI 1701 as its Proposed Death Penalty Instruction No. 1.

ICJI 1703

The State agrees that ICJI 1703 should be given. The State listed ICJI 1703 as its Proposed Death Penalty Instruction No. 3.

ICJI 1704

The State agrees that ICJI 1704 should be given. The State listed ICJI 1704 as its Proposed Death Penalty Instruction No. 4. In addition to the standard language, the State proposes to inform the jury that “ immediate family members of deceased victims ” are also allowed to make victim impact statements.

ICJI 1706

The State agrees that ICJI 1706 should be given. The State listed ICJI 1706 as its Proposed Death Penalty Instruction No. 6.

ICJI 1707

The State agrees that ICJI 1707 should be given. The State listed ICJI 1707 as its Proposed
STATE'S RESPONSE TO DEFENDANT'S PROPOSED JURY INSTRUCTIONS 3

Death Penalty Instruction No. 7.

ICJI 1708

The State agrees that ICJI 1708 should be given, and it appears that the parties are in agreement as to how the alleged aggravating circumstances should be listed. The State listed ICJI 1708 as its Proposed Death Penalty Instruction No. 8.

ICJI 1721

The State agrees that ICJI 1721 should be given. The State listed ICJI 1721 as its Proposed Death Penalty Instruction No. 16.

ICJI 1722

The State agrees that ICJI 1722 should be given. The State listed ICJI 1722 as its Proposed Death Penalty Instruction No. 17.

ICJI 1723

The State agrees that ICJI 1723 should be given. The State listed ICJI 1723 as its Proposed Death Penalty Instruction No. 18.

DATED this 18th day of April 2025.

Joshua D. Hurwitt Special Deputy Prosecuting Attorney
STATE'S RESPONSE TO DEFENDANT'S PROPOSED JURY INSTRUCTIONS 4

CERTIFICATE OF DELIVERY

I hereby certify that true and correct copies of the STATE'S RESPONSE TO DEFENDANT'S PROPOSED JURY INSTRUCTIONS 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 info@annetaylorlaw.com Hand Delivered Dated this 20th day of April 2025.

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STATE'S RESPONSE TO DEFENDANT'S PROPOSED JURY INSTRUCTIONS 5