Court Filing
Filed: 2/24/2025 12:36:51 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 PROSECUTOR 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, (SEALED) STATE'S MOTION IN LIMINE V. RE: IMPROPER DEATH PENALTY COMMENTS BRYAN C. KOHBERGER, Defendant. COMES NOW the State of Idaho, by and through the Latah County Prosecuting Attorney, and respectfully moves the Court for an order in limine prohibiting the defense from making any reference to the State " attempting to kill " their client, Bryan C. Kohberger. The State brings this motion based on defense counsels ' repeated references to the " State attempting to kill " their client. On October 26, 2023, Defendant in his " Reply to State's Objection to Defendant's Second Motion to Dismiss Indictment ", Page 18, he states: " [The State] has decided to attempt to kill Mr. Kohberger. " On October 26, 2023, during oral argument on the Defendant's STATE'S MOTION IN LIMINE RE: IMPROPER DEATH PENALTY COMMENTS 1 (SEALED) Motion to Dismiss the Indictment, defense counsel stated, “ this does not rise to what we would expect out Government to do in this scenario where they are trying to kill one of us. " (State's exhibit S-1, audio of October 26, 2023 hearing, 2:13:38 mark). Again, on January 25, 2024, during oral arguments on the Defendant's Motion to Reconsider, defense counsel stated “ particularly in a case where the State's decided that it wants to try to kill someone. ” (State's Exhibit S-2, audio of January 25, 2024 hearing, 11:48 mark). Pursuant to 18-4004A, the State has filed a notice of intent to seek the death penalty. Upon a finding of guilt, the State intends to provide statutory aggravating factors which could enable a jury to impose the death penalty. This is the process laid out by Idaho law. I.C. 19-2515. Any other characterization, such as the statements that the “ State is attempting to kill " only serves to inflame the passions of the jury. The statements are irrelevant (i.e. does not make a fact more or less probable; has no consequence in determining the action) to the issues before the jury – the guilt or innocence of the defendant on the charged offenses. I.R.E. 401. In addition, such statements carry the substantial danger of confusing the issues and misleading the jury thus failing the I.R.E. balancing test even if deemed relevant. I.R.E. 403. This is further supported by the Idaho Criminal Jury Instructions which instructs the jury: At the conclusion of trial, you will decide whether the State has proved the defendant guilty beyond a reasonable doubt. Do not concern yourself with the subject of penalty or punishment. That subject must not in any way affect your verdict. I.C.J.I. 700C. STATE'S MOTION IN LIMINE RE: IMPROPER DEATH PENALTY COMMENTS 2 (SEALED) For the above reasons, the State request the Court prohibit defense counsel from making any reference to the State “ attempting to kill. " RESPECTFULLY SUBMITTED this 24th day of February 2025. asheups. Inning Ashley S. Jennings Senior Deputy Prosecuting Attorney STATE'S MOTION IN LIMINE RE: IMPROPER DEATH PENALTY COMMENTS 3 (SEALED) CERTIFICATE OF DELIVERY I hereby certify that true and correct copies of the STATE'S MOTION IN LIMINE RE: IMPROPER DEATH PENALTY COMMENTS 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 Hand Delivered Dated this 24th day of February 2025. STATE'S MOTION IN LIMINE RE: IMPROPER DEATH PENALTY COMMENTS 4 (SEALED) Exhibit S-1 – Audio File on Thumb Drive Hand-Delivered Separately SEALED State's Motion in Limine RE: Improper Death Penalty Comments STATE'S EXHIBIT exhibitsticker.com S-1 CR01-24-31665 Exhibit S-2 – Audio File on Thumb Drive Hand-Delivered Separately SEALED State's Motion in Limine RE: Improper Death Penalty Comments STATE'S EXHIBIT exhibitsticker.com S-2 CR01-24-31665 CERTIFICATE OF SERVICE I hereby certify that on 3/4/2025 I served a true and correct copy of the LATAH COUNTY PROSECUTING ATTORNEY'S OFFICE WILLIAM W. THOMPSON, JR. PROSECUTING ATTORNEY JEFFERY D. NYE SPECIAL ASSISTANT ATTORNEY GENERAL VIA EMAIL: Jeff.Nye@ag.idaho.gov ASHLEY JENNINGS DEPUTY PROSECUTING ATTORNEY VIA EMAIL: paservice@latahcountyid.gov ANNE TAYLOR LAW, PLLC ANNE C. TAYLOR VIA EMAIL: info@annetavlorlaw.com ELISA G. MASSOTH, PLLC ELISA G. MASSOTH VIA EMAIL: emassoth@kmrs.net IDAHO STATE PUBLIC DEFENDER'S OFFICE JAY W. LOGSDON FIRST DISTRICT PUBLIC DEFENDER VIA EMAIL: Jay.Logsdon@spd.idaho.gov BICKA BARLOW Pro Hac Vice bickabarlow@sbcglobal.net TRENT TRIPPLE Clerk of the Court By: Ben Wat Deputy Clerk 3/4/2025 12:38:12 PM