State Response to Defendant Motion in Limine 12

Electronically Filed
3/17/2025 5:25 PM

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 2613

PROSECUTING ATTORNEY

ASHLEY S. JENNINGS, ISB 8491

SENIOR 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 RESPONSE TO DEFENDANT'S

V. MOTION IN LIMINE # 12

BRYAN C. KOHBERGER RE: MAKE AND MODEL OF SUSPECT

Defendant. VEHICLE COMES NOW the State of Idaho, by and through the Latah County Prosecuting Attorney, and hereby responds to Defendant's Motion in Limine # 12 Re: Make and Model of Suspect Vehicle.

FACTS

On November 13, 2022, Moscow Police Department responded to 1122 King Road (hereafter " crime scene ”). Payne Aff. attached as State's Exhibit S-1. Investigators found four
STATE'S RESPONSE TO DEFENDANT'S MOTION IN LIMINE # 12 RE: MAKE
AND MODEL OF SUSPECT VEHICLE 1

deceased individuals who died from apparent stab wounds. Id. at pages 1-2. Investigators canvassed the crime scene area for surveillance footage to identify the person responsible for the homicides. Id. at page 5. A surviving roommate, D.M. reported to law enforcement she was woken up around 4:00 a.m. by noises. Id. at page 4. Investigators were able to obtain surveillance footage from 1112 King Road, a residence immediately to the northwest of the crime scene. Id. That video surveillance picked up audio of “ voices or a whimper followed by a loud thud. " Id. In addition, a dog can be heard barking starting at 4:17 a.m. Id. D.M. reported around this time she saw an unknown male in the residence walking towards the rear exit of the residence. Id. at pages 4-5. The 1112 King Road video shows a white sedan entering the crime scene area at 4:04 a.m. Id. at page 6. This same white sedan is seen departing the crime scene area at 4:20 a.m. at a “ high rate of speed. ” Id. at page 6.

Based on this information, investigators focused on identifying the make and model of the white sedan (hereafter “ suspect ” or “ questioned vehicle ”) seen on the 1112 King Road surveillance. Id. at pages 6-7. The suspect vehicle is seen on the 1112 King Road surveillance prior to the homicides (suspect vehicle makes three initial passes by crime scene before entering a fourth and final time) at: 3:30 a.m., 3:33 a.m., 3:38 a.m., 23:40 a.m., 3:56 a.m., and 3:58 a.m., and then at 4:04 a.m. Id. at page 6.

Video surveillance capturing the suspect vehicle was collected at additional places near the crime scene prior to the homicides: 1311 S. Main Street also known as Sunset Mart (.6 miles from crime scene at 3:28 a.m.); 1125 Ridge Road (.4 miles from crime scene at 3:29 a.m., and
4:01 a.m.); 1320 Linda Lane (.2 miles from crime scene at 3:29 a.m.); 1330 Linda Lane (.3 miles from crime scene at 3:30 a.m., 23:39 a.m., 23:56 a.m., 4:05 a.m., and 4:07 a.m.); and 451 Paradise Drive (.6 miles from crime scene at 3:35 a.m., and 3:48 a.m.). FBI Report of Special Agent (SA)
STATE'S RESPONSE TO DEFENDANT'S MOTION IN LIMINE # 12 RE: MAKE
AND MODEL OF SUSPECT VEHICLE 2

Rob Hille, pages 1-10, attached as State's Exhibit S-2; Google Maps, 5 pages attached as State's Exhibit S-3. Investigators were able to review those videos and determine the route of travel. Id.

Investigators provided video footage to the Federal Bureau of Investigation (FBI) to determine the year, make, and model of the suspect vehicle on the 1112 King Road surveillance.

Payne Aff. at page 7. Forensic Examiner Anthony Imel reviewed multiple videos and still images. According to Imel's Report “ the multiple submissions of media were reviewed independently and collectively to identify the questioned vehicle's make, model and year. " FBI Report of Special Agent (SA) Anthony Imel attached as State's Exhibit S-4. Of those videos, the 1125 Ridge Road video provided a clear view of the suspect vehicle. Make-Model Chart # 3 attached as Exhibit S-5. Imel was able to compare this video to the video from 1112 King Road.

Id. This video was captured at 4:01 a.m. (approximately 3 minutes prior to the suspect vehicle entering the crime scene at 4:04 a.m.). Hille Report at pages 8-9. Regarding the “ questioned vehicle " - the vehicle on the 1112 King Road surveillance-Imel's opinion is:
[t] he questioned vehicle shares similar class characteristics with a 5th generation Hyundai Elantra between 2014-2016. The similar class characteristics include, but are not limited to the overall body style, window configuration, front grill configuration, headlight shape, side trim, rear brake light configuration, rear license plate position, and rear bumper position. The position of the rear bumper reflector and the shape of the fog lights assisted in narrowing the vehicle year span.

Imel Report at pages 2-3. A white 2015 Hyundai Elantra was registered to the Defendant at the time of the homicides. Washington Vehicle Registration Records attached as State's Exhibit S-6.

STATE'S RESPONSE TO DEFENDANT'S MOTION IN LIMINE # 12 RE: MAKE
AND MODEL OF SUSPECT VEHICLE 3

ARGUMENT

The State's expert regarding vehicle identification, Anthony Imel, should be allowed to explain to the jury his opinion that the “ suspect vehicle ” on the 1112 King Road surveillance shares similar class characteristics to a 5th generation Hyundai Elantra between 2014-2015.

I. The " suspect vehicle ” was identified from surveillance footage from the area of the crime scene.

The Defendant claims that the suspect vehicle “ was not identified from surveillance footage in the area of 1122 King Road. ” Defendant's Motion at page 2. This is simply not true.

As stated in Imel's report, “ multiple submissions of media were reviewed independently and collectively to identify the questioned vehicle's make, model and year. ” The suspect vehicle was picked up on multiple occasions at least six separate locations (all within.6 miles from the crime scene) immediately preceding the crimes (i.e. less than one hour) as indicated below:
-Alpna Targhee South Hill 418 South Taylor Gamma Rho Hall 528 502 Hill Terrace- Taylor Avenue Taylor Avenue 426 Taylor 1304 Taylor Avenue Deakin 30 201 209 215 219 P 619 Linda 607 Blake 527 515 509 503 Lauder 405 221 1317 727 Road 701 621 Lane Avenue 1308 325 323 US 95 1314 1211 buix ing • Queen Road Avenue 1314 313 351 Avenue 340 334 220 218 210 200 126 1330 132 1119 500 1314 Π 234 1217 1118 P Lauder Avenue 1231 12 KING CRIME BOAD SCENE 1330 LINDA LANE 1318 1320 1311 SOUTH MAIN STREET (SUNSET MART) 620 1320 LINDA LANE 513 Ridge 333 321 305 301 235
3:30 a.m. 484 480 1125 RIDGE 1125 ROAD 3:28 a.m.

3:33 a.m. 3:30 a.m. 3:29 a.m. 327 303 231 1420
3:39 a.m. nue 1434 1531
3:38 a.m. 3:56 a.m. 602 600 536 481 3:29 a.m. 231 Levick 1526
3:40 a.m. 4:05 a.m. Ridge 4:01 a.m. 1420 231 Street 1432
3:56 a.m. Road 52 524
4:07 a.m. 6 605 601 50 1579 1575 1565
3:58 a.m. 529 € 494 482 472 462 Ridge
4:04 a.m. 1619 Π 517 Lenter 1609 1605 1630 617 145 1416 1415 Street [REDACTED:CREDIT_CARD_NUMBER]2 1619 1615 1610 1636 1631 1629 1625 1[REDACTED:CREDIT_CARD_NUMBER]489 489 479 471 457 Road Street 1683 1651 32 1637 Shetland Court 1616 Street 1425 Chinook ok 1426 1423 434 1695 1673 1652 1669 1661 1435 1436 1435 1436 1433 498 488 478 468 1685 West Lathen Street 1632 691685 1679 1673 1443 207 201 Appal[REDACTED:CREDIT_CARD_NUMBER]kes Road 1500 Paradise Drive 447 433 1700
190 625 615 605 1453 499 489 479 46 451 PARADISE 451 DRIVE

1698 1678 1674 1672 1668 1510 304 1712 892 866 762 658 1473 Sunnyside 1484 438 424 3:35 a.m.

Road 840 814 788 720 684 632 606 3:48 a.m. 303 US 95 Conestoga Drive mapline Street 50m 200 ft 887 655 629 603 Avi 415 409 Main:
827 801 785 759 733 707 681 445 427 421 OpenStreetMap contributors. © N
STATE'S RESPONSE TO DEFENDANT'S MOTION IN LIMINE # 12 RE: MAKE
AND MODEL OF SUSPECT VEHICLE 4

The videos capture footage in the middle of the night from approximately 3:35 a.m. to
4:07 a.m. when there is light vehicle traffic, especially in Moscow, Idaho. From the review of the surveillance videos, investigators were able to determine the suspect vehicle's path of travel based on the witnessed direction of travel associated with the time stamps. From the review of the 1125 Ridge Road video, which admittedly provides the best view of the suspect vehicle, investigators were able to determine that the suspect vehicle shared similar class characteristics to a 5th generation Hyundai Elantra between 2014-2015. This video was taken at 4:01 a.m.

approximately.3 miles from the crime scene. Based on the 1125 Ridge Road surveillance and the other video surveillance, investigators can determine the suspect's path of travel as follows:
Alpha лута nue Hill Te 334 Gamma Chi Targhee South 418 South Taylor Rho Hall 528 502 Hill 426 Terrace- Taylor Taylor Avenu Taylor Avenue Taylor Avenue Deakin 30 225 201 209 P Linda 607 Blake 527 509 503 405 221 4 727 Road 619 515 Avenue 1308 Lauder 325 323 1211 701 621 Lane Avenue Kir 8 Queen Road 1314 1313 351 Avenue 340 334 220 218 210
1119 500 P 1314 234

1217 8 Lauder Avenue
112 KING BOAD 1320

366 1231 CRIME SCENE 1318 513 305 301

620 333 321
4:04 a.m. 708 ve 1350 714 612 484 480 T125 RIDGE ROAD 327 303 1340 127 606 Avenue 231 349 1330 Road 4:01 a.m. 1434 1531 1320 1314 age 602 600 536 481 231 6[REDACTED:CREDIT_CARD_NUMBER]dge 524 1415 1402 1317 1307 609 601 Road 1579 1407 605 529 506 494 482 472 462 Ridge 1425 1414 454 Lenter 16 1424 1619 161 14-5 1416 1415 Street 1416 517 Road 1621 16 135 1631 1629 1625 View 457 Street 16 1432 Court 1425 1426 1425 Chinook 1426 1423 497 489 479 471 Road 1637 Shetland 1616 Street 434 16
1440 1433 458 W

1673 1652 1669 1661 1435 1436 1435 1436 498 488 478 468 1685 1448 1685 1679 Ekes Road 1500 1443 Paradise Drive 433 1700 1691 Appaloosa Foot Path 459 451 447 1699 1698 1678 1674 1672 625 615 605 1510 1453 499 489 479 469 1668 306 304 1715 1712 892 658 1473 1484 418 866 762 1420 4171 It takes approximately three minutes to travel from 1125 Ridge Road to 1112 King Road. A logical application means the vehicle with characteristics of a 5th generation Hyundai Elantra is the same vehicle on the 1112 King Road camera at 4:04 a.m. This same line of reasoning can be
STATE'S RESPONSE TO DEFENDANT'S MOTION IN LIMINE # 12 RE: MAKE
AND MODEL OF SUSPECT VEHICLE 5

applied to other surveillance videos. The State should be able to introduce all video surveillance surrounding the crime scene preceding the homicides. The State's expert should be able to opine based on his analysis and the surrounding circumstances that the survillance is picking up the same suspect vehicle (which he identified as sharing the same characteristics as a 2014-2015 5th generation Hyundai Elantra).

II. There does not need to be “ continuous footage ” for this evidence to be admissible.

Defendant argues “ there is no continuous footage linking the vehicle at the 1112 King [R] oad footage and that from Ridge [R] oad. ” Defendant's Motion at page 3. Defendant's argument appears to suggest that because every single business and residence surrounding the crime scene did not have video surveillance the State should be precluded from introducing this evidence. This is illogical. As argued above, the State should be able to introduce all captured video surveillance surrounding the crime scene preceding the homicides. The State's expert should be able to opine based on his analysis and the surrounding circumstances that the survillance is picking up the same suspect vehicle (which he identified as sharing the same characteristics as a 2014-2015 5th generation Hyundai Elantra). This opinion would not be " speculative ” as argued, but instead based on logical educated inferences from review of the surveillance videos including observed traffic flow, direction of travel, and time stamps.

III. The identification of the “ suspect vehicle ” is relevant and admissible.

As the Court has seen in the Defendant's other filings, the Defendant tends to label “ bad evidence ” for the Defendant as irrelevant and asks this Court to prohibit the State from introducing it. That is not the rule. Under Idaho Rule of Evidence 401, evidence is relevant if “ it
STATE'S RESPONSE TO DEFENDANT'S MOTION IN LIMINE # 12 RE: MAKE
AND MODEL OF SUSPECT VEHICLE 6

has the tendency to make a fact more or less probable than it would be without the evidence; and the fact is of consequence in determining the action. ” I.R.E. 401. This evidence is clearly relevant as the Defendant owned a 2015 white Hyundai Elantra at the time of the homicides.

Defendant argues pursuant to I.R.E. 403, this relevant evidence should be excluded. The Defendant fails to show how this evidence is unfair, confusing, misleading, would cause delay, waste time, or would be cumulative, much less that the evidence's probative value is “ substantially outweighed ” by such. While this evidence is prejudicial (relevant evidence tends to be) it is not unfair.

The State anticipates Mr. Imel will testify in accordance with his expert opinion at trial.

The State anticipates other State witnesses will refer to the vehicle identified on surveillance footage as a white sedan (or like language). The jury (the factfinder) should be able to hear Mr.

Imel's opinion regarding the make and model of the suspect vehicle, weigh this information with other testimony or evidence admitted (including the area video surveillance, Special Agent Hille's testimony as well as what is offered by the Defendant), then decide if they believe the vehicle on the 1112 King Road video (and other area surveillance footage) is a 2014-2015 Hyundai Elantra. They will use this information to ultimately determine if this same vehicle was Defendant's Hyundai Elantra.

STATE'S RESPONSE TO DEFENDANT'S MOTION IN LIMINE # 12 RE: MAKE
AND MODEL OF SUSPECT VEHICLE 7

CONCLUSION

In conclusion, the State respectfully requests this deny the Defendant's Motion and rule that the State's expert, Anthony Imel, is allowed to testify at trial in accordance with the State's expert disclosure which includes the opinion that the vehicle captured on the 1112 King Road video shares similar class characteristics to a 5th generation Hyundai Elantra between 2014-2015.

RESPECTFULLY SUBMITTED this 17th day of March 2025.

ashup & gunningp
ASHLEY S. JENNINGS

SENIOR DEPUTY PROSECUTOR

STATE'S RESPONSE TO DEFENDANT'S MOTION IN LIMINE # 12 RE: MAKE
AND MODEL OF SUSPECT VEHICLE 8

CERTIFICATE OF DELIVERY

I hereby certify that true and correct copies of the STATE'S REPONSE TO
DEFENDANT'S MOTION IN LIMINE # 12 RE: MAKE AND MODEL OF SUSPECT
VEHICLE was 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 17th day of March 2025.

Song Jacie
STATE'S RESPONSE TO DEFENDANT'S MOTION IN LIMINE # 12 RE: MAKE
AND MODEL OF SUSPECT VEHICLE 9

Exhibit A Statement of Brett Payne The below information is provided by Brett Payne, who is a duly appointed, qualified and acting peace officer within the County of Latah, State of Idaho. Brett Payne is employed by Moscow Police Department in the official capacity or position of Corporal (CPL) and has been a trained and qualified peace officer for approximately four (4) years. CPL Payne is being assisted by members of the Idaho State Police and agents of the Federal Bureau of Investigation.

On November 13, 2022, at approximately 4:00 p.m., Moscow Police Department (MPD) Sergeant Blaker and I responded to 1122 King Road, Moscow, Idaho, hereafter the " King Road Residence, " to assist with scene security and processing of a crime scene associated with four homicides. Upon our arrival, the Idaho State Police (ISP) Forensic Team was on scene and was preparing to begin processing the scene. MPD Officer (OFC) Smith, one of the initial responding officers to the incident, advised he would walk me through the scene.

OFC Smith and I entered the King Road Residence through the bottom floor door on the north side of the building. OFC Smith and I then walked upstairs to the second floor. OFC Smith directed me down the hallway to the west bedroom on the second floor, which I later learned (through Xana's driver's license and other personal belongings found in the room) was Xana Kernodle's, hereafter " Kernodle " room. Just before this room there was a bathroom door on the south wall of the hallway. As I approached the room, I could see a body, later identified as Kernodle's, laying on the floor. Kernodle was deceased with wounds which appeared to have been caused by an edged weapon.

Also in the room was a male, later identified as Ethan Chapin, hereafter, " Chapin ".

Chapin was also deceased with wounds later determined (Autopsy Report provided by Spokane 1 STATE'S EXHIBIT exhibitsticker.com 008404
S-1

CR01-24-31665

County Medical Examiner Veena Singh dated December 15, 2022) to be caused by " sharp-force injuries. " I then followed OFC Smith upstairs to the third floor of the residence. The third floor consisted of two bedrooms and one bathroom. The bedroom on the west side of the floor was later determined to be Kaylee Goncalves, hereafter " Goncalves, " room. I later learned (from review of Officer Nunes ' body camera) there was a dog in the room when Moscow Police Officers initially responded. The dog belonged to Goncalves and her ex-boyfriend Jack Ducoeur.

I found out from my interview with Jack Ducouer on November 13, 2022 that he and Goncalves shared the dog. OFC Smith then pointed out a small bathroom on the east side of the third floor.

This bathroom shared a wall with Madison Mogen's, hereafter " Mogen " bedroom which was situated on the southeast corner of the third floor.

As I entered this bedroom, I could see two females in the single bed in the room. Both Goncalves and Mogen were deceased with visible stab wounds. I also later noticed what appeared to be a tan leather knife sheath laying on the bed next to Mogen's right side (when viewed from the door). The sheath was later processed and had " Ka-Bar " " USMC " and the United States Marine Corps eagle globe and anchor insignia stamped on the outside of it. The Idaho State Lab later located a single source of male DNA (Suspect Profile) left on the button snap of the knife sheath.

As part of the investigation, numerous interviews were conducted by Moscow Police Department Officers, Idaho State Police Detectives, and FBI Agents. Two of the interviews included B.F., and D.M. Both B.F. and D.M. were inside the King Road Residence at the time of the homicides and were roommates to the victims. B.F.'s bedroom was located on the east side of the first floor of the King Road Residence.

2 008405

Based on numerous interviews conducted by MPD Officers, ISP Detectives, and FBI Agents as well as my review of evidence, I have learned the following:
On the evening of November 12, 2022, Chapin and Kernodle are seen by B.F. at the Sigma Chi house on the University of Idaho campus at 735 Nez Perce Drive from approximately
9:00 p.m. on November 12 to 1:45 a.m. on November 13. B.F. also estimated that at approximately, 1:45 a.m. Chapin and Kernodle returned to the King Road Residence. B.F. also stated that Chapin did not live in the King Road Residence but was a guest of Kernodle.

Goncalves and Mogen were at a local bar, the Corner Club at 202 N. Main Street, in Moscow. Goncalves and Mogen can be seen on video footage provided by the Corner Club between 10:00 p.m. on November 12 and 1:30 a.m. on November 13th. At approximately 1:30 a.m. Goncalves and Mogen can be seen on video at a local food vendor called the " Grub Truck " at 318 S. Main Street in downtown Moscow. The Grub Truck live str