Court Filing
Electronically Filed 10/30/2025 11:17 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 THIRD 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 October 16, 2025 “ Third 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: 88. 3/31/25 State's Response to Defendant's Proposed Jury Questionnaire The State has no objection to the unsealing of this item. STATE'S RESPONSE TO COURT'S THIRD ORDER REGARDING SEALED DOCUMENTS 1 89. 3/31/25 Defendant's Objections to State's Jury Questionnaire Proposals The State has no objection to the unsealing of this item. 90. 3/31/25 Exhibits to Defendant's 3rd Supplemental Response to Request for Discovery RE: Expert Witnesses (Penalty Phase) The State has no objection to the unsealing of the Index. The State has no objection to the unsealing of Exhibit D7-D. The State objects to the unsealing of Exhibit D7-E as this item 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) (l) (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). The State has no objection to the unsealing of Exhibit D13-D. The State objects to the unsealing of Exhibit D13-E as this item 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) (l) (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). The State has no objection to the unsealing of Exhibit D-19-A. Exhibit D19-B would require redactions from Page 12, Section d, through Page 13, as this item are 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). The State has no objection to the unsealing of Exhibit D20-A. Exhibit D20-B would require redactions as follows: Page 2, Section 9 Page 2, Section 11 Page 3, Section 13 Page 3-4, Section 14 Page 4-5, Section 15 Page 5, Section 16 Page 5, Summary Exhibit 3 in entirety STATE'S RESPONSE TO COURT'S THIRD ORDER REGARDING SEALED DOCUMENTS 2 These items are 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) (l) (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). The State objects to the unsealing of Exhibit D20-C as this item 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) (l) (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). The State has no objection to the unsealing of Exhibit D-21-A, B, and C. Exhibit D22-A would require redactions related to diagnosis (last sentence of paragraph two) as this information 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) (l) (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). The State objects to the unsealing of Exhibit D22-B as this item 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) (l) (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). The State has no objection to the unsealing of Exhibit D22-C. 91. 3/27/25 Exhibit C to Defendant's 3rd Supplemental Response to Request for Discovery The State requests redactions to this document to redact the name of the referenced family member 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). 92. 3/26/25 Defendant's Exhibit 1a in Support of Affidavit and Objection to State's Motion in Limine RE: Text Messages and Testimony The State requests redaction to Exhibit la of phone numbers and email addresses as this information 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 STATE'S RESPONSE TO COURT'S THIRD ORDER REGARDING SEALED DOCUMENTS 3 93. 3/24/25 Defendant's Proposed Jury Questionnaire The State has no objection to the unsealing of this item. 94. 3/24/25 Defendant's Reply to State's Objection to Motion in Limine # 5 This item would require redactions which references testimony at the grand jury proceeding (Page 2, Paragraph 1; Page 2-3, last sentence; Page 3 second paragraph). This information is protected pursuant to I.C.A.R. 32 (g) (7). 95. 3/24/25 State's Exhibit S-23 (b) – Walthall The State has no objection to the unsealing of Lab Report 2. The State requests redactions to Lab Report 15 to redact the names of unrelated third-party witnesses pursuant to I.C.A.R. 32 (i) (3) (A) (1) and (7). The vast majority of the named unrelated third-party witnesses voluntarily provided their buccal swabs / latent prints so that they could be excluded as suspects in the case. The unsealing of this record would contravene privacy concerns for these individuals and likely subject them to reputational harm as being identified as possible " suspects " in a quadruple homicide. 96. 3/24/25 State's Exhibit S-22 (b) – Seat The State requests redactions to Lab Report 3 to redact the name of an unrelated third-party witness pursuant to I.C.A.R. 32 (i) (3) (A) (1) and (7). The named unrelated third-party witness voluntarily provided his / her buccal swab so he / she could be excluded as a suspect in the case. The unsealing of this record would contravene privacy concerns for this individual and likely subject him / her to reputational harm as being identified as possible “ suspect ” in a quadruple homicide. 97.3 / 24 / 25 State's Exhibit S-20 (b) – Nord The State has no objection to the unsealing of this item. 98. 3/24/25 State's Exhibit S-19 (b) – Miller The State requests redactions to Lab Reports 7, 13, 26, 31, and 34 to redact the names of unrelated third-party witnesses pursuant to I.C.A.R. 32 (i) (3) (A) (1) and (7). The vast majority of the named unrelated third-party witnesses voluntarily provided their buccal swabs / latent prints so that they could be excluded as suspects in the case. The unsealing of this record would contravene privacy concerns for these individuals and likely subject them to reputational harm as being identified as possible “ suspects " in a quadruple homicide. The State has no objection to the unsealing of Lab Report 36. STATE'S RESPONSE TO COURT'S THIRD ORDER REGARDING SEALED DOCUMENTS 4 99. 3/24/25 State's Exhibit S-18 (b) - Martinez (Part 1) The State requests redactions to Lab Reports 5, 10, 27, 32, 37, 38, 39, 40, and 41 to redact the names of unrelated third-party witnesses pursuant to I.C.A.R. 32 (i) (3) (A) (1) and (7). The vast majority of the named unrelated third-party witnesses voluntarily provided their buccal swabs / latent prints so that they could be excluded as suspects in the case. The unsealing of this record would contravene privacy concerns for these individuals and likely subject them to reputational harm as being identified as possible “ suspects ” in a quadruple homicide. The State has no objection to the unsealing of Lab Reports 11, 21, 23, 24, 25, and 30. 100. 3/24/25 State's Exhibit S-18 (b) - Martinez (Part 2) See Item 99. 101. 3/24/25 State's Exhibit S-15 (c) Rebuttal – Ayers The State has no objection to the unsealing of this item. 102. 3/24/25 State's Exhibit S-8 (a) Rebuttal – Hille The State requests redactions to the personally identifiable information such as cell phone numbers listed on Bates 15990 and 15991 pursuant to I.C.A.R. 32 (i) (3) (A) (1). 103. 3/24/25 State's Exhibit S-7 (b) Rebuttal – Gilbertson The State has no objection to the unsealing of this item. 104. 3/24/25 State's Exhibit S-25 (b) - – Youngling The State requests redactions to Lab Report 4 to redact the names of unrelated third-party witnesses pursuant to I.C.A.R. 32 (i) (3) (A) (1) and (7). The vast majority of the named unrelated third-party witnesses voluntarily provided their buccal swabs / latent prints so that they could be excluded as suspects in the case. The unsealing of this record would contravene privacy concerns for these individuals and likely subject them to reputational harm as being identified as possible " suspects " in a quadruple homicide. The State has no objection to the unsealing of Lab Report 12, 21, and 25. 105. 3/24/25 State's Exhibit S-24 (b) – Wilt The State has no objection to the unsealing of Lab Reports 1, 22, 28, 29, 33, and 35. The State requests redactions to Lab Reports 3, 9, and 14 to redact the names of unrelated thirdparty witnesses pursuant to I.C.A.R. 32 (i) (3) (A) (1) and (7). The vast majority of the named unrelated third-party witnesses voluntarily provided their buccal swabs / latent prints so that they STATE'S RESPONSE TO COURT'S THIRD ORDER REGARDING SEALED DOCUMENTS 5 could be excluded as suspects in the case. The unsealing of this record would contravene privacy concerns for these individuals and likely subject them to reputational harm as being identified as possible " suspects " in a quadruple homicide. 106. 3/24/25 State's Exhibit S-17 (b) – Maichek The State requests redactions to Lab Reports 1, 4, and 20 to redact the names of unrelated thirdparty witnesses pursuant to I.C.A.R. 32 (i) (3) (A) (1) and (7). The vast majority of the named unrelated third-party witnesses voluntarily provided their buccal swabs / latent prints so that they could be excluded as suspects in the case. The unsealing of this record would contravene privacy concerns for these individuals and likely subject them to reputational harm as being identified as possible " suspects " in a quadruple homicide. 107. 3/24/25 State's Exhibit S-16 (b) - Dace White The State has no objection to the unsealing of Lab Report 16. 108. 3/24/25 State's Exhibit S-15 (b) – Ayers The State has no objection to the unsealing of this item. 109. 3/24/25 State's Exhibit S-10 – Mowery The State requests redactions to the personally identifiable information (cell phone numbers, IMEI, and email addresses) provided on Bates 132, 133, 165, 171, 174, 175, 180, 181, 189, 201, 208, 232, 233, 234, 255, 13279, 5091, 5274, 5276, 5401, 5447, 5453, 7427, 8162, 9255, 9258, 9260, 9261, 13016, 13288, 13826, 13836, 13902, 14625, 14722, 14725, 14726, 14814, 14960, 14963, 15700, pursuant to I.C.A.R. 32 (i) (3) (A) (1). 110. 3/24/25 State's Exhibit S-7 (d) – Douglass The State objects to the unsealing of this item pursuant to I.C.A.R. 32 (g) (1) and (7). 111. 3/24/25 State's Response to Defendant's Motion to Adopt Voir Dire Procedure and Objection to " Magic Question " The State has no objection to the unsealing of this item. 112. 3/24/25 State's Proposed Jury Questionnaire The State has no objection to the unsealing of this item. 113. 3/20/25 Defendant's exhibit in Support of Their Objection to the State's Motion in Limine RE: Self-Authentication of Records The State objects to the unsealing of this item pursuant to I.C.A.R. 32 (g) (1) and (7). STATE'S RESPONSE TO COURT'S THIRD ORDER REGARDING SEALED DOCUMENTS 6 114. 3/19/25 Exhibit S-1 to State's Response to Defendant's 7th Motion to Compel The State requests redactions to the personally identifiable information (i.e. cell phone numbers) pursuant to I.C.A.R. 32 (i) (3) (A) (1) 115. 3/17/25 State's Response to Defendant's Motion in Limine # 14 RE: Statistical Analysis Consistent with Item 94 above, this item would require redactions which references testimony at the grand jury proceeding. This information is protected pursuant to I.C.A.R. 32 (g) (7). 116. 3/17/25 Exhibits 1-4 to State's Response to Defendant's Motion in Limine # 7 The State has no objection to the unsealing of this item. 117. 3/17/25 State's Response to Defendant's Motion in Limine # 5 Consistent with Item 94 and 115 above, this item would require redactions which references testimony at the grand jury proceeding. This information is protected pursuant to I.C.A.R. 32 (g) (7). 118. 3/17/25 Defendant's Objection to State's Notice of Intent to Use IRE 404 (B) Evidence The State has no objection to the unsealing of this item. 119. 3/17/25 Defendant's Objection to State's Motion in Limine re: 911 Call This item would require redactions which references testimony at the grand jury proceeding. This information is protected pursuant to I.C.A.R. 32 (g) (7). 120. 3/17/25 Exhibits 1, 2, 3, to Defendant's Objection to State's Motion in Limine RE: Admissibility of Demonstrative Evidence The State has no objection to the unsealing of this item. 121. 3/17/25 Exhibits 1 2 3 to Defendant's Objection to State's Motion in Limine RE: AT & T Timing Advance Records The State requests redactions to the personally identifiable information (i.e. cell phone numbers) pursuant to I.C.A.R. 32 (i) (3) (A) (1) listed on Bates 3775, Defendant's Exhibit 3, and the Search Warrant. 122. 3/17/25 Exhibits 1 & 2 to Defendant's Objection to State's Motion in Limine RE: Text Messages and Testimony The State requests redactions to the personally identifiable information (i.e. cell phone numbers) pursuant to I.C.A.R. 32 (i) (3) (A) (1). STATE'S RESPONSE TO COURT'S THIRD ORDER REGARDING SEALED DOCUMENTS 7 123. 3/17/25 Exhibit D1 3 to Defendant's Response to State's Motion in Limine RE: Neuropsychological and Psychiatric Evidence The State objects to the unsealing of Exhibit D1-3 as this item 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) (l) (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). 124. 3/27/25 Exhibit 1 to Defendant's Objection to State's Motion in Limine RE: 911 Call Under Seal The State objects to the unsealing of this item as it is testimony from the grand jury proceeding. This information is protected pursuant to I.C.A.R. 32 (g) (7). 125. 3/17/25 Defendant's Objection to State's Motion in Limine RE Self-Authentication of Records The State has no objection to the unsealing of this item. 126. 3/14/25 Exhibits S1-S4 to States Amended Supplemental Response to Request for Discovery RE: Expert Testimony The State has no objection to the unsealing of State's Exhibit S-1 but requests redactions to personally identifiable information (i.e. email addresses) pursuant to I.C.A.R.32 (i) (3) 9 (1). The State has no objection to the unsealing of State's Exhibit S-2 but requests redactions to the Account Number / User ID and email addresses pursuant to I.C.A.R.32 (i) (3) 9 (1). The State has no objection to the unsealing of State's Exhibit S-3. The State has no objection to the unsealing of State's Exhibit S-4. 127. 3/13/25 Exhibit B to Defendant's 2nd Supp Response to Discovery The State has no objection to the unsealing of this item. 128. 3/7/25 Proof of Service NCO The State requests redactions to the protected parties personally identifiable information (i.e. dates of birth) pursuant to I.C. 74-101. 129. 3/7/25 Order Modifying / Amending No Contact Order The State requests redactions to the protected parties personally identifiable information (i.e. dates of birth) pursuant to I.C. 74-101. STATE'S RESPONSE TO COURT'S THIRD ORDER REGARDING SEALED DOCUMENTS 8 130. 3/6/25 Exhibit A to Defendant's 7th Motion to Compel The State has no objection to the unsealing of this item. 131. 3/3/25 Exhibits S-1 through S-13 to States Amended Supplemental Response to Request Discovery RE Expert Testimony The State has no objection to the unsealing of Exhibits S1-S7. The State requests redactions to Exhibit S-8 to redact the name of an unrelated third-party witnesses pursuant to I.C.A.R. 32 (i) (3) (A) (1) and (7). This witness voluntarily provided their buccal swabs / latent prints so that he / she could be excluded as suspects in the case. The unsealing of this record would contravene privacy concerns for this individual and likely subject him / her to reputational harm as being identified as possible " suspect " in a quadruple homicide. The State has no objection to the unsealing of Exhibits S9-S12. 132. 3/3/25 Exhibits to Defendant's 2nd Supplemental Response to Discovery RE: Expert Witnesses The State has no objection to the unsealing of this item. 133. 3/3/25 Notice of Filing Signed and Notarized Affidavit The State has no objection to the unsealing of this item. 134. 3/3/25 Order on the Parties Agreement to not mention 2014 Cell Phone Incident During Trial The State has no objection to the unsealing of this item. 135. 2/24/25 Exhibits 1 & 2 in Support of Motion to Strike Death Penalty re: Autism Spectrum Disorder The State has no objection to the unsealing of Exhibit 1. The State objects to the unsealing of the Exhibit 2 as this item 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) (l) (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). STATE'S RESPONSE TO COURT'S THIRD ORDER REGARDING SEALED DOCUMENTS 9 136. 2/24/25 Stipulated Agreement of the Parties to Not Mention 2014 Cell Phone Incident During Trial The State has no objection to the unsealing of this item. 137. 2/24/25 Defendant's Motion in Limine # 14 re: Statistical Analysis (NOT REDACTED) Consistent with Item 94,115, and 117 above, this item would require redactions which references t