Exhibits for Motion in Limine - Witness Identification

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 CR01-24-31665

Plaintiff, FILED UNDER SEAL
V.

EXHIBITS IN SUPPORT OF MOTION

BRYAN C. KOHBERGER, IN LIMINE

RE: WITNESS IDENTIFICATION BY

Defendant. BUSHY EYEBROWS COMES NOW, Bryan C. Kohberger, by and through his attorneys of record, and hereby files under seal Exhibits 1, 2, 3, 4, 5, 6, & 7 in Support of Motion in Limine RE: Witness Identification by Bushy Eyebrows:
FILED UNDER SEAL – EXHIBIT 1 IN SUPPORT OF MOTION IN

LIMINE RE: WITNESS IDENTIFICATION BY BUSHY EYEBROWS Page 1

• Exhibit 1 – Nunes Narrative Report (11/13/2022)
• Exhibit 2 Excerpts from Nunes bodycam transcript, pp. 16, 17, 20, 21, 28, 30 (11/13/2022)
• Exhibit 3 Excerpts from Mowrey interview transcript, pp. 4, 6, 14, 15, 17, 20, 21 (11/13/2022)
• Exhibit 4 – Pictures taken in D.M.'s room (11/13/2022, 11/19/2022)
• Exhibit 5-Report regarding search of DM's room (11/19/2022)
• Exhibit 6-Excerpts from Gooch interview transcript, pp. 20-32, 48, 49, 53, 54, 58, 59, 61, 69, 70, 74, 75, 76, 77, 106, 107, 134, 135, (11/17/2022)
• Exhibit 7-Excerpts from Williamson interview transcript, pp. 15, 16, 17, 18, 19, 33, 34, 38, 80, 81, 93, 94, 97, 98, 99, 175, 176 (12/1/2022)
• Exhibit 8-Statement of Brett Payne (12/29/2022)
• Exhibit 9-Excerpts from Lake interview transcript, pp. 96, 97, 98, 99 (12/30/2022)
• Exhibit 10-Excerpts from Grand Jury testimony, pp. 176, 177, 199 (5/15/2023) DATED this 24 day of February, 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 24 day of February, 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
FILED UNDER SEAL – EXHIBIT 1 IN SUPPORT OF MOTION IN

LIMINE RE: WITNESS IDENTIFICATION BY BUSHY EYEBROWS Page 2

Latah County Prosecuting Attorney Supplemental Report 22-M09903 ████████████████████████████████████████
SUPPLEMENTAL NARRATIVE:

Supplement number: 3
Reporting Officer: Mitch Nunes
Date: 18:48:52 11/13/22 CTED Initial Response / Interviews / Search Warrant Application / Patio Entry Log - # 2170
1. WatchGuard Event: BWC and 4RE
Additional Responding Officers: Gunderson, Snyder, Warner
Case number added to WG: Yes.

2. Evidence None.

3. Narrative On 11/13/2022, at approximately 1156 hours, I responded to an unconscious subject at 1122 King Road in Moscow, Idaho. Upon my arrival, I found a large gathering of people in the parking lot immediately north of the 1122 King Road residence. 1122 King Road is a white, three story, single family residence with multiple bedrooms. The " 1122 " designation is located directly above the front door, facing north. I was directed to a bedroom on the second floor by Hunter I.

Johnson in the northwest corner, to locate the unresponsive female.

Upon entering the room, I observed a female laying supine on the floor, next to a bed. According to Dylan M. Mortensen, this female was likely Kaylee J.

Goncalves. Dylan also lived at 1122 King Rd. I observed dried blood surrounding Kaylee's body and signs of cutting trauma to her face. Kaylee was covered in so much blood, I wasn't able to immediately discern where any additional injuries would have likely been. Kaylee was apparently deceased due to her pale skin color, rigid body tone and apparent blood loss.

On the bed, in the same room I observed Kaylee, I observed a male lying supine on the bed. According to Dylan, the male was likely Ethan J. Chapin. Dylan said Ethan was commonly at the residence. I observed blood covering portions of Ethan's legs, surrounding his body into the bed sheets, and drops of blood on the wall near Ethan's head. As I backed out of this room, Hunter showed me a kitchen knife and said he had it in his possession. I told Hunter to leave the knife and go back down the stairs to the front entrance.

Ofc. Warner and I moved to visually clear the residence for any suspects or additional victims. On the third floor, Ofc. Warner and I found two additional apparently deceased females, both laying supine in a bed. This bedroom was on /sds/app/force/uprt/lwsupl.x1 DEFENDANT'S 10/23
MOTION IN LIMINE # 7

EXHIBIT NO.1

000091 IDENTIFICATION / EVIDENCE

CASE NO. CR01-24-31665

Supplemental Report 22-M09903 Page 2 of 3 the southwest corner of the third floor. According to Dylan, these two females were likely Xana A. Kernodle and Madison M. Mogen. One female showed an apparent traumatic injury to her face due to the basic facial structure being unrecognizable. Both females showed very pale skin. Both females were covered in dried blood and apparently deceased. After the residence was deemed safe, Ofc.

Warner and I exited the residence to secure it and the immediate area, to include the parking lot immediately to the north of the residence.

I walked outside and began interviewing Dylan. Dylan told me at approximately 0400 hours she heard a voice scream and believed it to be Kaylee's. Dylan said she heard Kaylee scream and announce there was " somebody " inside the residence.

Dylan said she could hear Kaylee run from the third floor, down the stairs to the second floor, into the northwest bedroom. Dylan said she locked herself in her bedroom and continued to hear a commotion. Dylan said eventually she stopped hearing a struggle and heard a male voice say, " you're gonna be fine. I'm gonna help you. " Dylan said she did not recognize the male ' voice. Dylan said after a few minutes, she peeked out of her bedroom and observed a male described as approximately 6-feet tall, slim build, with a black ski mask leave the second-floor patio area. This patio door was likely left open as it was found open upon my arrival.

I interviewed an additional roommate, Bethany G. Funke, who told me she was at the residence during the commotion. Bethany said she was on the second floor, in the living room, watching Vampire Diaries with Dylan, and an unidentified person named Lakelyn. Bethany said at approximately 0200 hours on 11/13/2022, Madison and Kaylee came home from a night out at the Corner Club bar, located at 202 N Main Street in Moscow, Idaho. Bethany said she also believed Madison and Kaylee went to the Grub Wandering Kitchen truck that was commonly located in the 300 Block of South Main Street. Bethany said she and Madison let Madison's dog out, " Murphy, " sometime between 0200 hours and 0230 hours. Bethany said during this time she observed no suspicious activity. Bethany said she returned inside while Madison was still outside with Murphy. Bethany said she went to bed around 0230 hours. Bethany said Madison came into her bedroom sometime after 0230 hours to ask if she knew where Murphy was. Bethany said she told Madison no and Madison left. Bethany said she woke up in her bedroom, which was located on the first floor, to a sound she described as a firecracker and a flash. Bethany said she initially thought the sound was a prank.

According to Bethany's phone log she showed me, Bethany called Xana at 0421 hours, Ethan at 0422 hours, Madison at 0422 hours, Madison again at 0430 hours, and then Kaylee at 0431 hours. Bethany said she never received an answer on each phone call. Bethany said she went back to sleep and woke up around 1156 hours, when 911 was called.

Initially, I was told Kaylee was likely located on the second floor bedroom, with Ethan. After comparing Dylan's initial statement with other investigations officer's observations, it appeared to actually be Xana that was located on the floor of that bedroom and Kaylee was one of the other females located in the third floor room.

I also observed the following vehicles in the gravel parking lot that was immediately north of the 1122 building:
-Silver 2015 Land Rover Range Rover with Washington license plate " BXZ3489 " registered to Jazmine D. Sumner.

/sds/app/force/uprt/lwsupl.x1 01/10/23 000092

Supplemental Report 22-M09903 Page 3 of 3 -Blue 2010 Honda Civic with Arizona license plate " 4CA7RC " registered to Jeffrey K. Kernodle.

-White 2014 Chevrolet Cruze with Idaho license plate " K3449U " registered to Karen M. Laramie.

-Red 2011 Jeep Wrangler Unlimited with Washington license plate " AWN6519 " registered to James E. Chapin.

-Black 2017 Ford Explorer with Washington license plate " CAE2006 " registered to James E. Chapin.

I was originally assigned to identify all of the people in the area. However, was reassigned by Sgt. Gunderson to begin the search warrant application process. I provided the above information in the search warrant application.

At approximately 1628 hours, I returned to 1122 King Road to assist with securing the southwest patio entrance. I took responsibility from Ofc. Warner in documenting who entered and exited the residence. I provided this documentation on a note pad and maintained the log until I was relieved by Ofc. Morris at approximately 1750 hours. The following information is the rear patio entry log from 1517 hours until 2115 hours:
SW Corner Patio Entry Log
11/13/2022 Ofc. Smith recording entry.

1517 Cpt. Lanier.

1520 Ofc. Warner arrived to relieve Ofc. Smith.

1628 Ofc. Nunes arrived to relieve Ofc. Warner.

1709 Sgt. Gunderson entered.

1709 Sgt. Gunderson exited.

1710 Cpl. Payne, Ofc. Smith, ISP Detective Talbott, Prosecutor Ashley Jennings exited.

1711 Cpl. Payne, Ofc. Smith, ISP Detective Talbott, Prosecutor Ashley Jennings entered.

1748 2115 Ofc. Morris relieved. Patio door was locked and sealed.

4. Other None.

I certify (or declare) under penalty of perjury pursuant to the law of the State of Idaho that the foregoing is true and correct.

M. Nunes 170 Wed Nov 16 07:22:25 PST 2022 Approved By Sgt. Sieverding 114 Wed Nov 16 23:54:55 PST 2022 /sds/app/force/uprt/lwsupl.x1 01/10/23 000093

1 3 1 STATE OF IDAHO, 1 Nunes Body Cam 2 VS. Case No. CR29-22-2805 2 TRANSCRIPTION
3 BRYAN C. KOHBERGER 3 --000--

4 4 RADIO DISPATCHER: [Inaudible] what was the 5 CERTIFIED COPY 5 second unit going out?

6 6 POLICE VIA RADIO: [Inaudible].

7 7 RADIO DISPATCHER: [Inaudible] not waking up 8 TRANSCRIPTION OF NUNES BODY CAM 8 [inaudible] with them [inaudible].

9 ENTITLED 9 POLICE VIA RADIO: [Inaudible].

10 00-0082264868_96_0d_82_ 10 RADIO DISPATCHER: [Inaudible] copy that.

11 d7-0082103703_0082258493_0082256506_video0 11 [Inaudible] trying to get [inaudible].

12 12 POLICE VIA RADIO: Copy.

13 13 POLICE VIA RADIO: [Inaudible].

14 14 OFFICER NUNES: Where's she at?

15 15 DYLAN MORTENSEN: Do you have a defibrillator?

16 16 OFFICER NUNES: Yep. Where is she at?

17 17 DYLAN MORTENSEN: Yes, we have one.

18 18 OFFICER NUNES: Where is she at?

19 19 FEMALE: She's [inaudible].

20 20 FEMALE: [Inaudible] closer, closer.

21 21 DYLAN MORTENSEN: Yes, he's right here.

22 22 HUNTER JOHNSON: [Inaudible].

23 23 OFFICER NUNES: Whereat? You got her up here?

24 24 HUNTER JOHNSON: Up here. Up here. We got a 25 25 call from them this morning that someone [inaudible], 2 4 1 INDEX 1 and I just came in to check in here and see what I just 2 2 found [inaudible]. And I checked to see if she was 3 TRANSCRIPTION OF AUDIO / VIDEO: PAGE 3 breathing and she's dead hard, and I didn't check him 4 NUNES BODY CAM 3 4 yet, but I'm pretty sure 5 5 OFFICER NUNES: Thirteen, I think we have a 6 SPEAKERS ON AUDIO-VIDEO: 6 homicide.

7 Radio Dispatch 7 Okay. Get back.

8 Police via Radio 8 HUNTER JOHNSON: I don't know if they're still 9 Officer Nunes 9 in here or not. I literally just came in here. I 10 Officer 10 grabbed a knife to, like -- 11 Officer 1 11 OFFICER NUNES: 1370.

12 Officer 2 12 HUNTER JOHNSON: This was this is the knife 13 Officer 3 13 that I grabbed.

14 Officer 4 14 OFFICER NUNES: Okay. Stay back there, 15 Officer 5 15 please.

16 Officer Ryan 16 HUNTER JOHNSON: I just grabbed [inaudible].

17 Ambulance Personnel 17 OFFICER NUNES: Fuck. Let's slow down. It's 18 Female 18 a -- just come here. It's -- there's two, looks like, 19 Male 19 fatalities.

20 Dylan Mortensen 20 Fuck.

21 Bethany Funke 21 Dude.

22 Hunter Johnson 22 I think he might have killed himself.

23 Jack Ducoeur 23 OFFICER 1: What's he got there?

24 Maizie Chapin 24 OFFICER NUNES: I don't know. I just see 25 25 blood up there. I haven't -- 1370, information:
DEFENDANT'S

MOTION IN LIMINE # 7

EXHIBIT NO.2

IDENTIFICATION / EVIDENCE

CASE NO. CR01-24-31665

13 15 1 DYLAN MORTENSEN: Marie, M-A - R-I - E. 1 remember seeing? What started?

2 OFFICER NUNES: What's a good phone number to 2 DYLAN MORTENSEN: I remember I was in my room.

3 reach you at? 3 OFFICER NUNES: Okay.

4 DYLAN MORTENSEN: -4782. 4 DYLAN MORTENSEN: And I was trying to go to 5 OFFICER NUNES: Okay. And is this your 5 bed, and I heard Kaylee, who Jack's ex-girlfriend who 6 address? 6 also has the dog Murphy.

7 DYLAN MORTENSEN: Yes. 7 OFFICER NUNES: Real fast, which one is your 8 OFFICER NUNES: What's that address? 8 room?

9 DYLAN MORTENSEN: 1122 King Road. 9 DYLAN MORTENSEN: Kaylee 10 OFFICER NUNES: Okay. Is your driver's 10 OFFICER NUNES: Which one is your room?

11 license for Idaho? 11 DYLAN MORTENSEN: Oh.

12 DYLAN MORTENSEN: Yes. 12 OFFICER NUNES: What room are you in?

13 OFFICER NUNES: Okay. How much have you seen 13 DYLAN MORTENSEN: That floor that the girls 14 in there? 14 are on, it's by the kitchen. Same floor that you guys 15 DYLAN MORTENSEN: Not -- I don't really know. 15 are all on.

16 I just saw my friend laying like that when I called 16 OFFICER NUNES: So this window right here?

17 Hunter because we were so scared. Be like, " Hunter, can 17 DYLAN MORTENSEN: Yeah. So it's behind the 18 you please come help us? " And that's all I saw, and 18 house more. I don't really know how to fully explain it 19 Hunter told us not to go in there. 19 from here.

20 OFFICER NUNES: Who's Hunter? 20 No, no, no.

21 DYLAN MORTENSEN: That man right there. That 21 OFFICER NUNES: Okay. So you were in that 22 helped [inaudible]. 22 room?

23 OFFICER NUNES: So Hunter did go in there 23 DYLAN MORTENSEN: My room, not Xana's room.

24 eventually? 24 My room.

25 DYLAN MORTENSEN: Yeah. And he -- that's when 25 OFFICER NUNES: And your room is -- 14 16 1 he told us, " You need to call the cops right now. " We 1 DYLAN MORTENSEN: It's right next to 2 did. 2 [inaudible] -- 3 OFFICER NUNES: Okay. When 3 OFFICER NUNES: this one right here?

4 JACK DUCOEUR: [Inaudible]. 4 DYLAN MORTENSEN: Next to the stairs. That 5 OFFICER NUNES: Do you mind just waiting over 5 one is Xana's room. I'm right next to the stairs.

6 there for me, please. Okay. When -- now, I overheard 6 OFFICER NUNES: So you're second floor room.

7 you talking about last night. 7 DYLAN MORTENSEN: Second floor.

8 DYLAN MORTENSEN: Yeah. 8 OFFICER NUNES: Okay.

9 OFFICER NUNES: Okay. You don't have to 9 DYLAN MORTENSEN: All I heard was I heard, " Go 10 the more we know right now the better. 10 upstairs. " Like, " Okay. I'm going to go to sleep now, " 11 DYLAN MORTENSEN: That's fine. 11 because she's going upstairs. All of a sudden 12 OFFICER NUNES: [Inaudible] start this 12 OFFICER NUNES: You heard who go upstairs?

13 process. 13 DYLAN MORTENSEN: Kaylee and the dog Murphy 14 DYLAN MORTENSEN: Yeah. 14 OFFICER NUNES: And upstairs to the very top?

15 OFFICER NUNES: So we'll probably be 15 DYLAN MORTENSEN: Yeah, that's where her room 16 revisiting 16 is.

17 DYLAN MORTENSEN: That's fine. 17 OFFICER NUNES: Okay.

18 OFFICER NUNES: this interview with you 18 DYLAN MORTENSEN: And then all of a sudden I 19 DYLAN MORTENSEN: Yeah. 19 heard her walking up, I heard her scream, and she ran 20 OFFICER NUNES: -- very soon again. 20 downstairs because she saw someone. That's what I'm 21 DYLAN MORTENSEN: Okay. That's fine. 21 pretty sure she said. She said, " Someone's here, " and 22 OFFICER NUNES: So just you're probably going 22 she screamed and just ran downstairs. And I called for 23 to have to retell the story quite a bit. 23 her name, but I jumped up and locked my door because I 24 DYLAN MORTENSEN: That's fine. 24 was so scared.

25 OFFICER NUNES: All right. What do you 25 And then in the bath -- I heard someone in the

17 19 1 bathroom, and I heard her crying, and I heard some guy 1 DYLAN MORTENSEN: Kernodle. K-- I don't know 2 saying that " You're going to be okay. I'm going to help 2 how to spell it really. K...

3 you. " And I kept calling her name, but she wasn't 3 FEMALE: Κ.

4 answering. And then I opened the door for a second, and 4 DYLAN MORTENSEN: You know?

5 I saw this guy, and he was not insanely tall, but he was 5 FEMALE: K-E - R-N - O-D - L-E.

6 wearing all black and, like, this mask that was just 6 OFFICER NUNES: K-A - E-R -- 7 covering his forehead and his mouth, and then I locked 7 FEMALE: K-E - R -- 8 the door, and I called Bethany, and I didn't know what 8 OFFICER NUNES: K-E - R.

9 to do. 9 FEMALE: N-O.

10 OFFICER NUNES: So this is at 4:00 -- 10 OFFICER NUNES: N-O.

11 DYLAN MORTENSEN: 4:00 a.m. 11 FEMALE: D-L - E.

12 OFFICER NUNES: this morning? 12 OFFICER NUNES: D-L - E.

13 DYLAN MORTENSEN: Yes. 13 FEMALE: Uh-huh.

14 OFFICER NUNES: Okay. 14 OFFICER NUNES: Okay.

15 DYLAN MORTENSEN: And so then I just ran 15 FEMALE: Χ - Α - Ν - Α.

16 down -- 16 OFFICER NUNES: X-A - N-A.

17 OFFICER NUNES: You left that -- you left 17 FEMALE: Yeah.

18 here? 18 OFFICER NUNES: Okay.

19 DYLAN MORTENSEN: Yeah. Left my room down to 19 DYLAN MORTENSEN: And then Ethan, who's in 20 Bethany's room, which she's that one with the white 20 there, he doesn't actually live here, but he's here, 21 blinds at the very bottom. 21 like, almost all the time.

22 OFFICER NUNES: Okay. 22 OFFICER NUNES: Ethan is a male that lives 23 DYLAN MORTENSEN: I ran down there and we 23 here. And he -- 24 talked, and I just -- we just locked the door. We 24 DYLAN MORTENSEN: He doesn't actually live 25 didn't think anything of it. We're, like, nothing 25 here. He's in the room with Xana, I believe.

18 20 1 happens in Moscow, so we just, like, tried to go to bed, 1 OFFICER NUNES: He's in there right now?

2 and then we woke up, and it was weird because none of 2 DYLAN MORTENSEN: But he doesn't -- he doesn't 3 our roommates were up, and we called all of them. They 3 live here, but he's here a lot. And then there's Maddie 4 were not waking up, so me and Bethany were, like, this 4 Mogen and Kaylee up top, but I don't know where they're 5 is weird. So I called Emily and Hunter to come over, 5 at, though.

6 and then that's when all this happened. 6 OFFICER NUNES: Maddie.

7 OFFICER NUNES: Okay. You're -- who all lives 7 DYLAN MORTENSEN: Mogen.

8 here with you? 8 OFFICER NUNES: Mogen.

9 DYLAN MORTENSEN: Me, Bethany, Xana 9 DYLAN MORTENSEN: Maddie Mogen and -- 10 OFFICER NUNES: Who's Bethany? 10 OFFICER NUNES: Maddie Mogen.

11 DYLAN MORTENSEN: Bethany's that blond right 11 DYLAN MORTENSEN: Yeah.

12 there. 12 OFFICER NUNES: And who?

13 OFFICER NUNES: Okay. Who's Xana? Xana? 13 DYLAN MORTENSEN: Kaylee Goncalves. She's the 14 DYLAN MORTENSEN: Xana is the girl in there. 14 girl that I was talking about, Kaylee, who I heard her 15 OFFICER NUNES: Is the girl that -- 15 go upstairs, and then ran ba