Court Filing
Electronically Filed 9/19/2025 11:04 AM Fourth Judicial District, Ada County Trent Tripple, Clerk of the Court By: Jennifer Keyes, Deputy Clerk 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, STATE'S RESPONSE TO V. COURT'S SECOND ORDER REGARDING SEALED BRYAN C. KOHBERGER, DOCUMENTS Defendant. COMES NOW the State of Idaho, by and through the Latah County Prosecuting Attorney, and hereby responds pursuant to the Court's September 3, 2025, “ Second Order Seeking Parties Position Regarding Sealed Documents. " The State identifies each document by date, name, and number as identified in the Order and subsequently provides the State's response to continued sealing (in blue) including any notice of non-objection as follows: 44. 05/30/2025-Parties Proposed Stipulated Jury Instruction The State has no objection to the unsealing of this item. STATE'S RESPONSE TO COURT'S SECOND ORDER REGARDING SEALED DOCUMENTS 1 45. 05/28/2025-State's Proposed Supplemental Jury Instruction The State has no objection to the unsealing of this item. 46. 05/28/2025-Defendant's Amended Phase Two-Mitigation Witness List For this item, the State incorporates its response to Item 29 to the Sealed " State's Response to Court's ' Order Regarding Requested Redactions. " 47. 05/27/2025-Exhibit S-2 to State's Supplemental Rebuttal Disclosure RE: Penalty Phase Experts The State has no objection to the unsealing of this item. 48. 05/27/2025-Exhibit S-1 to State's Supplemental Rebuttal Disclosure RE: Penalty Phase Experts The State objects to the unsealing of this item as it is protected pursuant to I.C.A.R. 32 (i) (3) 9 (1) (i.e. contains highly intimate facts or statements, the publication of which would be highly objectionable to a reasonable person) and I.C.A.R. 32 (g) (1) (See I.C. § 74-106 (13) regarding records of psychiatric care or treatment and professional counseling records relating to an individual's condition, diagnosis, care or treatment). 49. 05/27/2025-State's Supplemental Rebuttal Disclosure RE: Penalty Phase Expert The State has no objection to the unsealing of this item. 50. 05/23/2025-Defendant's Evidence in Support of Offer of Proof RE: Alternate Perpetrators The State requests the Court redact the names and other information that could be used to identify the proffered alternate perpetrators be redacted pursuant to I.C.A.R. 32 (i) (3) (A) (1) and (7). As the Court ruled in the September 3, 2025, " Order Unsealing and Redacting Records " this item involves " identifying information of the proffered alternate perpetrators, the revealing of which would contravene the privacy concerns of these individuals and likely subject them to undue harassment. " (See Item 12 of the Court's Order). The State requests the Court redact all text following the first paragraph of the motion to include the names of the " alternate perpetrators, " descriptions of exhibits, and exhibits numbers that include initials (bottom of page 2 until page 5). 51. 05/23/2025-Objection to the Court's Request for the Defense to Submit a Redacted Copy of Ex Parte Filing to the State The State has no objection to the unsealing of this item. STATE'S RESPONSE TO COURT'S SECOND ORDER REGARDING SEALED DOCUMENTS 2 52. 05/22/2025-Exhibit F to Defendant's 6th Supplemental Response to Discovery The State has no objection to the unsealing of this item. 53. 05/22/2025-Defendant's 6th Supplemental Response to Discovery The State has no objection to the unsealing of this item. 54. 05/21/2025-Defendant's Objections to the Juror Questionnaire The State has no objection to the unsealing of this item. 55.05 / 21 / 2025-Court Minutes-Closed Session The State has no objection to the unsealing of this item. 56. 05/15/2025-Court Minutes-Closed Session This item regards the status of an ongoing investigation into a potential leak in the case. This information is exempt from disclosure under I.C.A.R. 32 (g) (1) and I.C. § 74-124 (a) and, therefore, the State request this item remained sealed. 57. 05/14/2025-Defendant's Offer of Proof RE: Alternate Perpetrators The State requests the Court redact the names and other information that could be used to identify the proffered alternate perpetrators be redacted pursuant to I.C.A.R. 32 (i) (3) (A) (1) and (7). As the Court ruled in the September 3, 2025, “ Order Unsealing and Redacting Records " this item involves “ identifying information of the proffered alternate perpetrators, the revealing of which would contravene the privacy concerns of these individuals and likely subject them to undue harassment. ” (See Item 12 of the Court's Order). The State requests the Court redact all text following the last paragraph of page 2 until the end of the pleading at page 7. 58. 05/14/2025-2nd Notice of Filing Defendant's Proposed Jury Instructions The State has no objection to the unsealing of this item. 59. 05/14/2025-Notice of State's Amended Exhibit List and Motion to Seal The State has no objection to the unsealing of this item. 60. 05/13/2025-Exhibit S-1 to State's Motion to Reclaim Exhibits Pursuant to I.C.A.R. 32 (g) (7) information regarding grand jury proceedings should be sealed. STATE'S RESPONSE TO COURT'S SECOND ORDER REGARDING SEALED DOCUMENTS 3 61. 05/09/2025-Parties ' Joint Proposed Jury Instruction Regarding Tip Leading to Investigation of the Defendant The State has no objection to the unsealing of this item. 62. 05/05/2025-Defendant's Phase Two-Mitigation Witness List For this item, the State incorporates its response to Item 29 to the Sealed “ State's Response to Court's ' Order Regarding Requested Redactions. " 63. 05/05/2025-Court Minutes (SEALED) The State requests redactions at the following times that refer to a mental health diagnosis: 12:06:16 12:07:14 12:08:40 12:08:50 12:09:58 The State objects to the unsealing of this item as it is protected pursuant to I.C.A.R. 32 (i) (3) 9 (1) (i.e. contains highly intimate facts or statements, the publication of which would be highly objectionable to a reasonable person) and I.C.A.R. 32 (g) (1) (See I.C. § 74-106 (13) regarding records of psychiatric care or treatment and professional counseling records relating to an individual's condition, diagnosis, care or treatment). 64. 05/01/2025-Reply in Support of State's Motion for Examination of Defendant Pursuant to I.C. 18-207 and for an Extension of Time For the reasons outlined above, the State requests the court redact references to a mental health diagnosis at Page 4, Footnote 2. 65. 04/29/2025-Defendant's Objection to State's Motion for Examination of Defendant Pursuant to Idaho Code 18-207 and for an Extension of Time For the reasons outlined above, the State requests the court redact references to a mental health diagnosis at Page 7, Paragraph 2, Sentence 2. 66. 04/25/2025-Hurwit Declaration in Support of Motion for Examination The State has no objection to the unsealing of this item. 67. 04/25/2025-Gage Declaration in Support of Motion for Examination The State has no objection to the unsealing of this item. STATE'S RESPONSE TO COURT'S SECOND ORDER REGARDING SEALED DOCUMENTS 4 68. 4/25/2025-State's Motion for Examination of Defendant Pursuant to I.C. 18-207 and for an Extension of Time For the reasons outlined above, the State requests the court redact references to a mental health diagnosis at: Page 2, Paragraph 1, Sentence 1; Page 2, Paragraph 2, Sentence 4; Page 8, Paragraph 3, Sentence 2 and 4. 69. 04/21/2025-Defendant's Phase One Lay Witness List The State has no objection to the unsealing of witnesses identified as law enforcement or expert witnesses. The State requests redactions to law enforcement officer's home addresses (identified on the attached Sealed Exhibit 1). The State requests the Court redact the names of lay witnesses ' names and addresses (identified on the attached Sealed Exhibit 1) pursuant to I.C.A.R. (i) (3) (A) (1 and / or 5). The State incorporates its August 18, 2025 " Response to Court's Order Regarding Sealed Documents " in response to this item. 70. 04/21/2025-State's Exhibit List The State requests redactions to the descriptions for the following exhibit numbers: Exhibit Number Requested Redaction SERIES ONE: Photographs S1-78 Undisclosed named witness S1-79 Undisclosed named witness S1-80 Undisclosed named witness S1-82 Undisclosed named witness S1-83 Undisclosed named witness S1-84 Undisclosed named witness S1-85 Undisclosed named witness S1-86 Undisclosed named witness S1-87 Undisclosed named witness S1-88 Undisclosed named witness S1-89 Description of autopsy photograph S1-90 Description of autopsy photograph S1-91 Description of autopsy photograph S1-92 Description of autopsy photograph S1-93 Description of autopsy photograph S1-94 Description of autopsy photograph S1-95 Description of autopsy photograph S1-96 Description of autopsy photograph S1-97 Description of autopsy photograph S1-98 Description of autopsy photograph STATE'S RESPONSE TO COURT'S SECOND ORDER REGARDING SEALED DOCUMENTS 5 S1-99 Description of autopsy photograph S1-100 Description of autopsy photograph S1-101 Description of autopsy photograph S1-102 Description of autopsy photograph S1-103 Description of autopsy photograph S1-104 Description of autopsy photograph S1-105 Description of autopsy photograph S1-106 Description of autopsy photograph S1-107 Description of autopsy photograph S1-108 Description of autopsy photograph S1-109 Description of autopsy photograph S1-110 Description of autopsy photograph S1-111 Description of autopsy photograph S1-112 Description of autopsy photograph S1-113 Description of autopsy photograph S1-114 Description of autopsy photograph S1-115 Description of autopsy photograph S1-116 Description of autopsy photograph S1-117 Description of autopsy photograph S1-118 Description of autopsy photograph S1-119 Description of autopsy photograph S1-120 Description of autopsy photograph S1-121 Description of autopsy photograph S1-122 Description of autopsy photograph S1-123 Description of autopsy photograph S1-124 Description of autopsy photograph S1-125 Description of autopsy photograph S1-126 Description of autopsy photograph S1-127 Description of autopsy photograph SERIES FOUR: Physical Evidence S4-80 Undisclosed named witness S4-81 Undisclosed named witness S4-83 Undisclosed named witness S4-84 Undisclosed named witness S4-87 Undisclosed named witness S4-88 Undisclosed named witness S4-89 Undisclosed named witness S4-90 Undisclosed named witness S4-91 Undisclosed named witness S4-92 Undisclosed named witness S4-93 Undisclosed named witness S4-94 Undisclosed named witness S4-95 Undisclosed named witness S4-96 Undisclosed named witness STATE'S RESPONSE TO COURT'S SECOND ORDER REGARDING SEALED DOCUMENTS 6 S4-97 Undisclosed named witness S4-106 Undisclosed named witness S4-138 Undisclosed named witness S4-207 Undisclosed named witness The State requests that the above exhibit descriptions include witnesses ' names that have not been widely disseminated by the media. The revealing of these individuals ' names would contravene privacy concerns and likely subject them to undue harassment. The State incorporates its response to Court's Order Regarding Sealed Documents " filed on September 9, 2025. Regarding exhibits S1-89 through S1-127, the State requests the Court redact the autopsy photograph descriptions pursuant to I.C.A.R. (g) (1). The photographs which are a part of the autopsy report are exempt from disclosure pursuant to RCW 68.50.105 and the State submits the descriptions of the photographs fall within this exemption. In addition, the descriptions are exempt pursuant to I.C.A.R. 32 (i) ((3) (A) (1) (i.e. highly intimate facts or statements, the publication of which would be highly objectionable to a reasonable person). 71. 04/21/2025-State's Witness List The State incorporates the Sealed " States Response to Court's ' Order Regarding Sealed Documents " in response to this item. 72. 04/21/2025-Defendant's Objections to the State's Requested Jury Instructions The State has no objection to the unsealing of this item. 73. 04/20/2025-State's Response to Defendant's Proposed Jury Instructions The State has no objection to the unsealing of this item. 74. 04/15/2025-Defendant's 2nd Response to Exhibit S-1 to State's First Supplemental Request for Discovery The State has no objection to the unsealing of this item. 75. 04/15/2025-Defendant's 2nd Response to State's First Supplemental Request for Discovery The State has no objection to the unsealing of this item. STATE'S RESPONSE TO COURT'S SECOND ORDER REGARDING SEALED DOCUMENTS 7 76. 04/15/2025-Exhibit E to Defendant's 5th Supplemental Response to Discovery The State requests the redaction of the potential lay witness names associated with items b, c, d, e, f, g, h, i, j, k, and m for this item. The State incorporates its August 18, 2025 “ Response to Court's Order Regarding Sealed Documents " in response to this item. In balancing the public's access to the information, it is the State's position that for the individuals identified above, the release of these names to the public could subject them to harassment, threats, stalking and / or other concerning behaviors by the public and / or media (as exhibited through the release of other names associated with the case). The State submits the release of these names would be an " unwanted invasion of personal privacy " pursuant to I.C. § 74-124 and 74-101 (17) (a) (ii) and should be redacted in their entirety pursuant to ICAR 32 (i) (3) (A) (1), (3), (5) and / or (7). 77. 04/15/2025-Defendant's 5th Supplemental Response to Discovery The State has no objection to the unsealing of this item. 78. 04/14/2025-State's Requested Jury Instructions The State has no objection to the unsealing of this item. 79. 04/14/2025-State's Requested Jury Instructions The State has no objection to the unsealing of this item (See item 78). 80. 04/14/2025-State's Trial Brief The State has no objection to the unsealing of this item. 81.04 / 14 / 2025-Defendant's Trial Brief The State has no objection to the unsealing of this item. 82. 04/14/2025-Defendant's Proposed Jury Instructions The State has no objection to the unsealing of this item. 83. 04/11/2025-Defendant's Response to State's First Supplemental Request for Discovery RE: Transfer of Test Materials The State has no objection to the unsealing of this item. STATE'S RESPONSE TO COURT'S SECOND ORDER REGARDING SEALED DOCUMENTS 8 84. 04/08/2025-Exhibit 4 in Support of Defendant's Objection to State's Motion in Limine RE: AT & T Timing Advance The State has no objection to the unsealing of this item. 85. 04/08/2025-Exhibit D to Defendant's 4th Supplemental Response to Discovery The State requests redactions to the referenced names that have not been widely disseminated by the media. The revealing of these individuals ' names would contravene privacy concerns and likely subject them to undue harassment. The State incorporates its response to Court's Order Regarding Sealed Documents " filed on September 9, 2025. 86. 04/04/2025-Notice RE: Defense Expert Disclosure-Exhibit D7-B The State objects to the unsealing of this item as it is protected pursuant to I.C.A.R. 32 (i) (3) 9 (1) (i.e. contains highly intimate facts or statements, the publication of which would be highly objectionable to a reasonable person) and I.C.A.R. 32 (g) (1) (See I.C. § 74-106 (13) regarding records of psychiatric care or treatment and professional counseling records relating to an individual's condition, diagnosis, care or treatment). 87. 04/02/2025-Exhibit S-1 to State's First Supplemental Request for Discovery Disclosure The State has no objection to the unsealing of this item. RESPECTFULLY SUBMITTED this 19th day of September 2025. ashley reing Ashley S. Jennings Senior Deputy Prosecuting Attorney STATE'S RESPONSE TO COURT'S SECOND ORDER REGARDING SEALED DOCUMENTS 9 CERTIFICATE OF DELIVERY I hereby certify that true and correct copies of the STATE'S RESPONSE TO COURT'S SECOND ORDER REGARDING SEALED DOCUMENTS 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 19 day of September 2025. と STATE'S RESPONSE TO COURT'S SECOND ORDER REGARDING SEALED DOCUMENTS 10