Court Filing
Filed: 02/28/2023 08:53:11 Second Judicial District, Latah County Julie Fry, Clerk of the Court By: Deputy Clerk Oliphant, Jennifer IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH In the Matter of the Case No. CR29-22-2805 Application for a Search Warrant for Bank of America Attn: Legal Order Processing ORDER TO SEAL AND REDACT 800 Samoset Drive Newark, DE 19713 MPD Case No. 22-M09903 This matter came before the court on February 10, 2023 on the court's motion to seal or redact pursuant to I.C.A.R. 32 (i). The hearing was held via Zoom. William W. Thompson, Jr. and Ashley Jennings appeared on behalf of the State. Anne Taylor appeared on behalf of Mr. Kohberger. The court reviewed the records, considered the arguments presented, weighed the interests in privacy and public disclosure, and announced its findings of fact on the record. Therefore, pursuant to I.C.A.R. 32 (i) (2) (A) and (D), the court finds it necessary to seal in part and redact the record related to the search warrant for the following reasons: (1) The documents contain highly intimate facts or statements, the publication of which would be highly objectionable to a reasonable person; and (2) The documents contain facts or statements that might threaten the safety of or endanger the life or safety of individuals. After due consideration and with good cause appearing, IT IS HEREBY ORDERED that the record herein shall be disclosed except for the following: 1. The Affidavit in Support of Search Warrant is SEALED. 2. The Search Warrant and Receipt and Inventory be REDACTED. 3. This order will remain in effect until further order of the court. Dated: 2/27/2023 Meganemashall Megan E. Marshall Magistrate Judge ORDER TO SEAL AND REDACT-1 CASE CLRK BY DEC NO OF 9 . DIST 2022 ----- CT AM11 DEPUTY. LATAH: 20 IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH In the Matter of the Case No. Application for a Search Warrant for ORDER SEALING SEARCH WARRANT AND RELATED DOCUMENTS Bank of America Attn: Legal Order Processing 800 Samoset Drive Newark, DE 19713 MPD Case No. 22-M09903 Based upon the Motion to Seal Search Warrant and Related Documents filed herein, the Court does hereby confirm and ORDER that the Affidavit for Search Warrant (including any exhibits), Search Warrant, Return of Search Warrant (including the inventory of items seized) and Order are confidential, exempt from disclosure and are SEALED pursuant to Idaho Court Administrative Rule 32 (g) (1) for the reasons stated in the said Motion and until March 8, 2023, or further order of the Court, whichever occurs first. SO ORDERED 12/9/22 11:03 am Megun Mashall ORDER SEALING SEARCH WARRANT AND RELATED DOCUMENTS 1 CASE CLRK BY DEC NO OF 8 . DIST 2022 LATAH COUNTY PROSECUTOR'S OFFICE ASHLEY S. JENNINGS CT AM11 DEPUTY SR. DEPUTY PROSECUTING ATTORNEY. LATAH: Latah County Courthouse 19 P.O. Box 8068 Moscow, ID 83843 Phone: (208) 883-2246 ISB No. 8491 paservice@latah.id.us IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH In the Matter of the Case No. Application for a Search Warrant for Bank of America MOTION TO SEAL SEARCH Attn: Legal Order Processing WARRANT AND RELATED 800 Samoset Drive DOCUMENTS Newark, DE 19713 MPD Case No. 22-M09903 The State of Idaho, by and through the Latah County Prosecuting Attorney, respectfully moves the Court pursuant to Idaho Court Administrative Rule 32 (g) (1) and Idaho Code 74-124 for an Order Sealing Search Warrant and Related Documents, including the Affidavit for Search Warrant (including any exhibits), Search Warrant, Return of Search Warrant (including the inventory of items seized) and Order filed herein because release or disclosure would: 1. Interfere with enforcement proceedings; MOTION TO SEAL SEARCH WARRANT AND RELATED DOCUMENTS 1 2. Constitute an unwarranted invasion of personal privacy, 3. Disclose the identity of a confidential source; and 4. Disclose investigative techniques and procedures. And the State seeks this protection for a minimum of ninety (90) days or until such time as the investigation is concluded and / or charges are filed. Wherefore, the State respectfully prays that the Court seal from public disclosure the Affidavit for Search Warrant, Search Warrant, Return of Search Warrant and Order herein under the provisions of Idaho Court Administrative Rule 32 (g) (1) and Idaho Code 74-124. RESPECTFULLY SUBMITTED this th day of December, 2022. ASHLEY S. JENNINGS Sr. Deputy Prosecuting Attorney MOTION TO SEAL SEARCH WARRANT AND RELATED DOCUMENTS 2 " CASE BY CLRK DEC NO OF 9 . DIST 2022 CT AM11 LATAH COUNTY PROSECUTOR'S DEPUTY OFFICE. ASHLEY S. JENNINGS LATAH 20: SR. DEPUTY PROSECUTING ATTORNEY Latah County Courthouse P.O. Box 8068 Moscow, Idaho 83843-0568 (208) 883-2246 ISB No. 8491 paservice@latah.id.us IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH ) In the Matter of the Application) Case No. CR29- For a Search Warrant for:) ) Bank of America) RETURN OF Attn: Legal Order Processing) SEARCH WARRANT 800 Samoset Drive ( Newark, DE 19713) ) MPD Case No. 22-M09903 STATE OF IDAHO) : ss. County of Latah) I, Detective Lawrence Mowery, the officer by whom this Warrant was executed, do certify the appended inventory contains a true and detailed account of all property taken by me or other officers pursuant to this Warrant, and that this Warrant and property have been duly returned before Judge Megan E. Marshall at 9:30 o'clock a.m., this 8th day of December, 2022. I certify under penalty of perjury pursuant to the law the State of Idaho that the foregoing is true and correct. 12/08/2022 (Date) Peace Officer REDACTED RETURN OF SEARCH WARRANT 1 AFFIDAVIT OF LAWRENCE MOWERY STATE OF IDAHO) : SS. County of Latah) I, Lawrence Mowery, being duly sworn, do hereby state the following information is true and correct to the best of my knowledge and belief: (1) That I am employed by Moscow Police Department in the official position of Forensic Detective; (2) Affidavit has been a trained and qualified peace office for 12 years; (3) On 11/19/22, I obtained an amended search warrant for Bank of America; (4) The warrant was served on 11/21/2022, by email and FedEx (fax, email, etc); (5) On 12 / 06 // 22, I received an e-mail from Bank of America which contained the requested information; (6) An inventory was prepared for all the items received; and (7) The information received was placed into evidence at the Moscow Police Department. FURTHER your Affiant sayeth not. Lawrence Mowery Affiant I certify (or declare) under penalty of perjury pursuant to the law the State of Idaho that the foregoing is true and correct. 12/08/2022 (Date) (Signature) AFFIDAVIT 1 IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH IN THE MATTER OF Case No. THE APPLICATION FOR A SEARCH WARRANT FOR Bank of America RECEIPT AND 800 Samoset Drive INVENTORY OF WARRANT Newark, DE 19713 On the 21st day of November 2022, at approximately 12:00 o'clock A.M., the following peace officers: Detective Lawrence Mowery served the Search Warrant heretofore issued upon the place and / or person (s) described therein as directed in said Search Warrant. Entrance was obtained by: Fedex and The person (s) found in said place were: The property found and taken and the location within or upon said place and / or person (s) are as follows: DESCRIPTION OF PROPERTY LOCATION / PERSON Financial Records for Ethan Chapin Financial Records for Maddie Mogen Financial Records for Xana Kernodle Financial Records for Kaylee Goncalves RECEIPT AND INVENTORY PAGE 1 OF_3_PAGES DESCRIPTION OF PROPERTY LOCATION / PERSON Financial Records for Financial Records for Financial Records for RECEIPT AND INVENTORY PAGE 2 OF 3 PAGES This Receipt and Inventory was made in the presence of: A copy hereof was given to the following named person (s) on the day of 20; A copy hereof was left on this date in a conspicuous place in the place searched, there being no person (s) present during said search: DATED this 8th day of December 20 22. WITNESS PEACE OFFICER The undersigned person (s) hereby acknowledge receiving a copy hereof on this day of 20: RECEIPT AND INVENTORY PAGE OF 3 PAGES CASE CLRK BY DEC NO OF 9 . DIST 2022 CT AM11 LATAH COUNTY PROSECUTOR'S OFFICE DEPUTY . ASHLEY S. JENNINGS LATAH: 21 SR. DEPUTY PROSECUTING ATTORNEY Latah County Courthouse P.O. Box 8068 Moscow, Idaho 83843-0568 (208) 883-2246 ISB No.8491 paservice@latah.id.us IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH In the Matter of the Application) Case No. for a Search Warrant for:) ) Bank of America) Attn: Legal Order Processing) ORDER 800 Samoset Drive) Newark, DE 19713) ) MPD Case No. 22-M09903 In the above-titled matter, this Court having heretofore issued a Search Warrant, and the said Search Warrant having been served according to law, and the Return of Warrant having been duly made as directed in said Search Warrant to this Court, and a written inventory of the property found and seized having been duly made and taken before the undersigned Magistrate or Judge and filed herein; NOW, THEREFORE IT IS HEREBY ORDERED that the said Peace Officer shall deliver or cause to be delivered, the property described in said inventory to the Moscow Police Department or such other law enforcement agency as may be appropriate for the purpose of preserving said property for use as evidence or until further order of a court of competent jurisdiction. Once any related criminal case has been concluded, including the expiration of time for appeal, or at such other ORDER 1 appropriate time, the property can be released or disposed of upon authorization of the jurisdictional prosecuting attorney. IT IS FURTHER ORDERED that said property or any part thereof, may be delivered to any person or laboratory or laboratories for the purpose of conducting or obtaining any tests, analysis, or identification of said property which is deemed necessary by the custodial law enforcement agency or jurisdictional prosecuting attorney without further order of this Court. DATED 12/9/22 11:04 am Megun mashall Megan E. Marshall Magistrate Judge ORDER 2 CASE CLRK CLRK BY DEC NO OF OF 9 . DIST DIST 2022 CT AM11 DEPUTY . LATAH: 20 IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH In the Matter of the Application for a Search Warrant for: Case No. Bank of America Attn: Legal Order Processing SEARCH 800 Samoset Drive WARRANT Newark, DE 19713 MPD Case No. 22-M09903 TO: ANY PEACE OFFICER AUTHORIZED TO ENFORCE OR ASSIST IN ENFORCING ANY LAW OF THE STATE OF IDAHO. Lawrence Mowery, having given me proof, upon oath, this day showing probable cause establishing grounds for issuing a search warrant and probable cause to believe that the property referred to and sought in or upon said premises there is probable cause to believe that the property referred to and sought in or upon said premises consists of information related to the crime (s) of :: homicide to include all records and documents (the terms " records " and " documents " mean any and all tangible forms of expression in your possession, custody, or control, in any language or format, and include, but are not limited to, writings, papers, and tape recordings, electronic video and audio recordings (e.g. video surveillance), microform, electromagnetic recordings, optical REDACTED SEARCH WARRANT 1 recordings, electronic files or records, photographs, drafts, finished versions, originals, and copies, however created, produced, or stored. Video surveillance / images pertaining to account transactions (to include account opening, deposit, withdrawals, etc.) are included with this request. Supporting information can be provided to help identify surveillance video / images for some of the transactions) from September 1, 2022 to present in the name or control of: : • Ethan Chapin, • Madison May Mogen, • Xana Alexia Kernodle, • Kaylee Jade GonCalves, • to include the following: • All Open and Closed accounts: all records pertaining to the individuals (s) or business entities identified in this letter whether held jointly or severally or as trustee or fiduciary as well as custodian, executor or guardian, as well as any other entity in which these individual (s) or entities may have a financial interest; includes all accounts in which these individuals had signatory authority and / or the right of withdrawal; these records should include: • Signature cards; • Statement Data / Monthly Account Statements; • Identification of and name assigned on all Debit Cards on account; • Deposits and supporting documentation including but not limited to evidence of cash, cancelled deposited checks front and back, transfers from other accounts including full account number and name, and other credit information. Checks and other withdrawals including but not limited to cancelled checks front and back, withdrawals and offsets, evidence of cash withdrawals, transfers from other accounts including account number and name, other debit information; • Wire transfers in and out including wire transfer instructions and evidence of requestor if possible; • Evidence of cash transactions and identifying information of individuals conducting cash transactions; • Identification of sender or recipient bank, full account number, and account name on ACH transfers, online transfers, teller transfers, or other transfers; • Electronic / Internet records: for those customers who engage in online banking with your financial institution, the following information pertaining to that online banking account: SEARCH WARRANT 2 : usernames or other identifying information for the account; e-mail addresses associated with the account to include any and all of the above information for any secondary or additional e-mail addresses and or user names identified by you as belonging to the targeted account in this letter; historical access logs for authentication to the account including Internet Protocol (IP) addresses for this account and date, time and duration of each session; Certificate of Deposit and Money Market Certificates: including applications, actual instrument (s), records of purchases and redemptions, checks issued on redemption, checks used to purchase certificates, any correspondence and any Forms 1099 issued, records revealing the annual interest paid or accumulated, the dates of payment or date interest is earned, and checks issued for interest payments; • Credit Card records (e.g. MasterCard and Visa): including customer's application, signature card, credit or background investigations conducted, correspondence, monthly billing statements, individual charge invoices, repayment records, disclosing the date, amounts and method of repayment, checks used to make repayments (front and back); • Purchase of Bank Checks: purchases of bank checks, cashiers, teller, traveler's check records, or money order records, including the check register, file copies of the check or money orders, records revealing the date and source of payment for said checks or money orders; • Correspondence: all records of correspondence / communication between the customer and the financial institution relating to the above services or for any other purpose, including customer service inquiries or requests for assistance; Safe Deposit Boxes: any and all information pertaining to safe deposit boxes held by customer including safe deposit application, authorized signers, and access logs; Other records: all applications, forms, and other written documents completed by the customer; records of certified checks, wire transfers, or collections, letter credit, bonds and securities purchased through your financial institution, savings bond transaction and investment accounts. Such records that disclose the date and amount of the transaction, method (cash or check) and source of payment, instruments and statements of transactions; all correspondence with the above individual (s) / entities and / or with third parties regarding the above individual (s) / entities; all memoranda, notes, files, or records relating to meetings or conversations concerning the above individual (s) / entities; located at the following premises: Bank of America Attn: Legal Order Processing 800 Samoset Drive Newark, DE 19713 YOU ARE THEREFORE COMMANDED TO SEARCH the above-described premises for the property described above, TO SEIZE it if found and bring it promptly before the Court above-named. THIS WARRANT SHALL BE EXECUTED WITHIN 7 DAYS OF ISSUANCE, AND IS SEARCH WARRANT 3 AUTHORIZED FOR DAYTIME SERVICE ONLY (pursuant to Idaho Criminal Rule 41, “ daytime " means the hours between 6:00 a.m. and 10:00 p.m. local time). GIVEN UNDER MY HAND and DATED this 19th day of November, 2022, at 6:35 p.m. Megan Marshall Magistrate Judge : SEARCH WARRANT 4 CASE CLRK BY DEC NO OF . 2 DIST 2022 DEPUTY CT PM4 . LATAH: 08 IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH In the Matter of the Case No. Application for a Search Warrant for ORDER FOR EXTENSION TO RETURN SEARCH WARRANT Bank of America Attn: Legal Order Processing 800 Samoset Drive Newark, DE 19713 MPD Case No. 22-M09903 The above matter having come before the Court based upon the motion of the State, and good cause appearing: IT IS HEREBY ORDERED that the time for which the above referenced search warrant shall be returned is extended to March 2, 2023. SO ORDERED this 12/2/22 @ 3:41 M Megane naushall MAGISTRATE JUDYE ORDER FOR EXTENSION TO RETURN SEARCH WARRANT 1 CERTIFICATE OF DELIVERY I do hereby certify that true and correct copies of the ORDER FOR EXTENSION TO RETURN SEARCH WARRANT were served on the following in the manner indicated below: William W. Thompson, Jr. Mailed Latah County Prosecuting Attorney E-filed & Served / E-mailed Latah County Courthouse Faxed Moscow, ID 83843 Hand Delivered Dated 12/5/22 TONYA DODGE Latah County Clerk of the Court Apliphout By: Deputy Clerk ORDER FOR EXTENSION TO RETURN SEARCH WARRANT 2 CLRK DEC OF 2 DIST 2022 LATAH COUNTY PROSECUTOR'S OFFICE ASHLEY S. JENNINGS CT PM2 SR. DEPUTY PROSECUTING ATTORNEY.: LATAH 57 Latah County Courthouse P.O. Box 8068 Moscow, ID 83843 Phone: (208) 883-2246 ISB No. 8491 paservice@latah.id.us IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH In the Matter of the Case No. Application for a Search Warrant for MOTION FOR EXTENSION TO RETURN SEARCH WARRANT Bank of America Attn: Legal Order Processing 800 Samoset Drive Newark, DE 19713 MPD Case No. 22-M09903 The State of Idaho by and through Ashley S. Jennings, Latah County Sr. Deputy Prosecuting Attorney, moves this Court for an order extending the time for returning the above referenced search warrant which was issued on the 19th day of November, 2022 The search warrant was directed by the Court to be served within fourteen (14) days of issuance during business hours. The warrant was served by Michael Douglas on the 21st day of November, 2022, by Fedex. However, as of this date, the information has not been received. MOTION FOR EXTENSION TO RETURN SEARCH WARRANT 1 Although the warrant was executed within the fourteen (14) day timeframe directed by I.C. 19-4412, the State is not able to comply with the timeframe within which to return the warrant and provide a written inventory. Accordingly, the State requests an extension of time for the return of the search warrant. RESPECTFULLY SUBMITTED this and day of December, 2022. Ashley Surin ASHLEY S. JENNINGS JE Sr. Depu