States Proposed Supplemental Jury Instruction

Filed: 05/28/2025 08:13:19 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 JUDICIAL DISTRICT OF THE
STATE OF IDAHO IN AND FOR THE COUNTY OF ADA

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

V. SUPPLEMENTAL JURY

INSTRUCTION

BRYAN C. KOHBERGER,

Defendant.

COME NOW the State of Idaho, by and through the Latah County Prosecuting, and pursuant to the Court's directive contained in the first full paragraph of page 13 of the April 17, 2025, " Order on Defendant's Motion in Limine RE: Rylene Nowlin and ' touch ' and ' contact ' DNA, " the State respectfully submits the attached draft jury instruction to be used in the event the terms " touch DNA, " " contact DNA, " and " trace DNA, " are inadvertently used during trial.

The State acknowledges that the Court's request was to submit " a mutually
STATE'S PROPOSED SUPPLEMENTAL JURY INSTRUCTION 1

agreeable instruction.... ” However, the parties have been unable to reach agreement so the State is submitting its draft for the Court's consideration.

RESPECTFULLY SUBMITTED this 28th day of May 2025.

William W. Thompson, Jr.

Prosecuting Attorney
STATE'S PROPOSED SUPPLEMENTAL JURY INSTRUCTION 2

CERTIFICATE OF DELIVERY

I hereby certify that true and correct copies of the STATE'S PROPOSED SUPPLEMENTAL JURY INSTRUCTION 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 28th day of May 2025.

S

STATE'S PROPOSED SUPPLEMENTAL JURY INSTRUCTION 3

STATE'S REQUESTED

INSTRUCTION NO.

The Court has asked that witnesses refrain from using the terms “ touch DNA ”, “ contact DNA ” and “ trace DNA. ” To the extent that those terms may have been mentioned by a witness, you are to disregard that particular term and not give it significance as you consider the evidence or testimony related to the use of the term.

ICJI 308 EVIDENCE LIMITED AS TO PURPOSE (modified)
GIVEN

REFUSED

MODIFIED

COVERED

OTHER