Court Filing
Filed: 05/09/2025 08:40:01 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, PARTIES ' JOINT PROPOSED V. JURY INSTRUCTION REGARDING TIP LEADING TO BRYAN C. KOHBERGER, INVESTIGATION OF THE Defendant. DEFENDANT COMES NOW the State of Idaho and Defendant, Bryan C. Kohberger, to submit the proposed jury instruction as provided below. INTRODUCTION In its April 18, 2025, Order Memorializing Oral Rulings on Motions in Limine, the Court advised the parties to meet and confer regarding a jury instruction to explain the " tip " that caused law enforcement to investigate Defendant. The parties have agreed on the proposed jury instruction below, which relates to the testimony of Moscow Police Department Corporal Brent PARTIES ' JOINT PROPOSED JURY INSTRUCTION REGARDING TIP LEADING TO INVESTIGATION OF THE DEFENDANT 1 Payne. The State intends to ask foundational questions of Corporal Payne to elicit the testimony addressed in the proposed instructions. Specifically, the State intends to ask (i) whether law enforcement received tips that it investigated between November 13, 2022, and December 19, 2022, (ii) if any of those tips had been substantiated, and (iii) if law enforcement received a tip on December 19, 2022, that caused them to investigate Defendant. Defendant does not stipulate to parts (i) and (ii) of the anticipated testimony and reserves the right to cross-examine Corporal Payne about that testimony but will not address Investigative Genetic Genealogy (“ IGG ”). PROPOSED JURY INSTRUCTION PARTIES ' JOINT PROPOSED INSTRUCTION NO. 1 You heard Corporal Payne testify that the investigation team received a tip on December 19, 2022, that caused them to investigate the defendant, Bryan C. Kohberger. This testimony was admitted for the limited purpose of explaining what caused law enforcement to investigate the defendant. You are not to consider this testimony for any purpose other than the limited purpose of when and why law enforcement first investigated the defendant. You are not to speculate as to the source or substance of the tip. Source: ICJI 308 (modified) PARTIES ' JOINT PROPOSED JURY INSTRUCTION REGARDING TIP LEADING TO INVESTIGATION OF THE DEFENDANT 2 CONCLUSION The parties respectfully ask the Court to adopt their proposed jury instruction regarding the December 19, 2022, tip. DATED this 8th day of May 2025. WILLIAM W. THOMPSON, JR. Latah County Prosecuting Attorney ASHLEY JENNINGS Senior Deputy Prosecuting Attorney JOSHUA D. HURWIT Special Deputy Prosecuting Attorney ANNE C. TAYLOR ANNE TAYLOR LAW, PLLC Attorney for Defendant PARTIES ' JOINT PROPOSED JURY INSTRUCTION REGARDING TIP LEADING TO INVESTIGATION OF THE DEFENDANT 3 CERTIFICATE OF DELIVERY I hereby certify that true and correct copies of the PARTIES ' JOINT PROPOSED JURY INSTRUCTION REGARDING TIP LEADING TO INVESTIGATION OF THE DEFENDANT 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 9th day of May 2025. S acee PARTIES ' JOINT PROPOSED JURY INSTRUCTION REGARDING TIP LEADING TO INVESTIGATION OF THE DEFENDANT 4