Notice of Filing Signed and Notarized Affidavit

Filed: 03/03/202512: 03: 33 Fourth Judicial District, Ada County Trent Tripple, Clerk of the Court
By: Deputy Clerk-Waters, Renee Anne Taylor Law, PLLC Anne C. Taylor, Attorney at Law PO Box 2347 Coeur d'Alene, Idaho 83816
Phone: (208) 512-9611 iCourt Email: info@annetaylorlaw.com Elisa G. Massoth, PLLC Attorney at Law P.O. Box 1003 Payette, Idaho 83661
Phone: (208) 642-3797; Fax: (208)642-3799 Bicka Barlow Pro Hac Vice 2358 Market Street San Francisco, CA 94114
Phone: (415) 553-4110 Assigned Attorney:
Anne C. Taylor, Attorney at Law, Bar Number: 5836 Elisa G. Massoth, Attorney at Law, Bar Number: 5647 Bicka Barlow, Attorney at Law, CA Bar Number: 178723 Jay W. Logsdon, First District Public Defender, Bar Number: 8759
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 NUMBER CR01-24-31665

Plaintiff,
NOTICE OF FILING SIGNED AND

V. NOTARIZED AFFIDAVIT TO THE

DEFENDANT'S MOTION TO STRIKE

BRYAN C. KOHBERGER, DEATH PENALTY RE: AUTISM

SPECTRUM DISORDER UNDER SEAL

Defendant.

COMES NOW, Bryan C. Kohberger, by and through his attorneys of record, and pursuant to I.C.A.R. 32 (i) and I.C. § 74-124 (1) (b) and (c), and hereby files the accompanying
NOTICE OF FILING SIGNED AND NOTARIZED AFFIDAVIT TO

THE DEFENDANT'S MOTION TO STRIKE DEATH PENALTY RE:

AUTISM SPECTRUM DISORDER UNDER SEAL Page 1

signed and notarized Affidavit of Dr. Cecil Reynolds under seal to complete the record of the previously filed document titled “ Exhibits 1 & 2 in support of Motion to Strike Death Penalty
RE: Autism Spectrum Disorder ".

DATED this 3 day of March, 2025.

ANNE C TAYLOR

ANNE TAYLOR LAW, PLLC

CERTIFICATE OF DELIVERY

I hereby certify that a true and correct copy of the foregoing was personally served as indicated below on the 3 day of March, 2025 addressed to:
Latah County Prosecuting Attorney –via Email: paservice@latahcountyid.gov Elisa Massoth – via Email: legalassistant@kmrs.net Jay Logsdon – via Email: Jay.Logsdon@spd.idaho.gov Bicka Barlow, Attorney at Law – via Email: bickabarlow@sbcglobal.net Jeffery Nye, Deputy Attorney General – via Email: Jeff.nye@ag.idaho.gov Dul
NOTICE OF FILING SIGNED AND NOTARIZED AFFIDAVIT TO

THE DEFENDANT'S MOTION TO STRIKE DEATH PENALTY RE:

AUTISM SPECTRUM DISORDER UNDER SEAL Page 2

Anne Taylor Law, PLLC Anne C. Taylor, Attorney at Law PO Box 2347 Coeur d'Alene, Idaho 83816
Phone: (208) 512-9611 iCourt Email: info@annetaylorlaw.com Jay W. Logsdon, First District Public Defender Idaho State Public Defender 1450 Northwest Blvd.

Coeur d'Alene, Idaho 83814
Phone: (208) 605-4575 Elisa G. Massoth, PLLC Attorney at Law P.O. Box 1003 Payette, Idaho 83661
Phone: (208) 642-3797; Fax: (208)642-3799 Assigned Attorney:
Anne C. Taylor, Attorney at Law, Bar Number: 5836 Jay W. Logsdon, First District Public Defender, Bar Number: 8759 Elisa G. Massoth, Attorney at Law, Bar Number: 5647
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 NUMBER CR01-24-31665

Plaintiff,
V.

BRYAN C. KOHBERGER, AFFIDAVIT OF CECIL R. REYNOLDS,

Ph.D.

Defendant.

STATE OF TEXAS)

: SS.

County of Travis)
1. I am an adult, over the age of 18, and I have personal knowledge of the facts set forth in this Affidavit.

AFFIDAVIT OF CECIL R. REYNOLDS, Ph.D. Page 1

2. I was first licensed as a psychologist in 1978 and maintained a clinical practice in addition to my academic appointments for just over 25 years. I am currently an Emeritus Professor of Educational Psychology, Professor of Neuroscience, and Distinguished Research Scholar at Texas A & M University. I currently practice forensic neuroscience and specialize in high stakes, complex cases.

3. I have been retained as a consultant in issues of mental health and neuroscience by the defense in Mr. Kohberger's case. One of my key roles in the case is to assist the defense team in locating and securing the work of the most appropriate and properly qualified experts in the fields of psychology, neuropsychology, and forensic psychiatry.

4. During my work with the defense team, on my recommendation and after extensive vetting, they selected and hired Dr. Joette James, Neuropsychologist. She performed many hours of work including testing Mr. Kohberger and conducting collateral interviews. Over the course of many months she collected data and prepared to write a report. She had one additional round of tests planned to clarify diagnostic issues present with Mr. Kohberger prior to writing her report. Shortly before that trip Dr. James unexpectedly passed away. I was able to interview her regarding her (incomplete) impressions and (again incomplete) testing data and developed an understanding of the additional work required, which included the addition of a forensic psychiatrist to the team. She was unable at that time to forward her records, testing, and notes to me due to the severity of her illness and its unexpected and rapid onset.

5. After her death I assisted the team in interviewing and selecting an expert to assess Mr.

Kohberger. It was necessary to review and vet multiple experts to ensure the proper expert would be retained. The team subsequently selected Dr. Rachel Orr as a replacement for Dr. James and added Dr. Eileen Ryan, Forensic Psychiatrist, whose expertise was then also required.

6. I made several attempts to obtain the raw data from testing performed by Dr. James. I was not successful. As a result, the neuropsychologist hired by the team had to conduct testing and interviews as if none had been done previously. This substantially delayed the development of a full understanding of his neuropsychological status and the determination of an evidence-based, defensible diagnosis of his multiple mental conditions.

7. Dr. Orr and Dr. Ryan have worked diligently to learn about Mr. Kohberger, review materials related to the case, conduct interviewing and testing, analyze the data and write an expert report, and the defense team has made every effort to assist them in completing their work in the most timely fashion possible without compromising the integrity of their work.

8. Neither Dr. Ryan nor Dr. Orr were able to present their findings to the team and develop initial reports until mid to late January of 2025.

AFFIDAVIT OF CECIL R. REYNOLDS, Ph.D. Page 2

9. Given the amount of work that had to be done including in-person exams, reviews of extensive records, conducting many needed collateral interviews, and the like, I was frankly surprised either expert was able to respond as quickly as they did.

10. The delay in diagnosis did not occur due to lack of diligence is owing to the untimely and exceedingly unfortunate death of Dr. James.

FURTHER YOUR AFFIANT SAYETH NAUGHT.

25th DATED this day of February, 2025.

CECIL'R. REYNOLDS, Ph.D.

25th day of February, 2025.

SUBSCRIBED AND SWORN to before me this
OTARY............ Y PUBLIC SADIE ST CLAIR

N Notary Public State of Texas Notary Public in and for the State of Texas STATE Comm, Commission Expires: 10/25/20216 .................. TEX. Expires 10-25-2026 OF Notary ID 134032786 AFF[REDACTED:US_SOCIAL_SECURITY_NUMBER] CECIL R. REYNOLDS, Ph.D. Page 3