Exhibits 1 2 3 Objection to Admissibility

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, FILED UNDER SEAL
V. EXHIBITS 1, 2, & 3 IN SUPPORT OF

OBJECTION TO STATE'S MOTION IN

BRYAN C. KOHBERGER, LIMINE

RE: ADMISSIBILITY OF

Defendant. DEMONSTRATIVE EXHIBITS COMES NOW, Bryan C. Kohberger, by and through his attorneys of record, and hereby files under seal Exhibits 1, 2, & 3 in Support of their Objection to the State's Motion in Limine
RE: Admissibility of Demonstrative Exhibits:
FILED UNDER SEAL – EXHIBITS 1, 2, & 3 IN SUPPORT OF OBJECTION TO STATE'S
MOTION IN LIMINE RE: ADMISSIBILITY OF DEMONSTRATIVE EXHIBITS Page 1

• Exhibit 1-Defendant's 11th Supplemental Request for Discovery Exhibit 1A – State's Supplemental Response to Defendant's 11th Supplemental Request for Discovery
• Exhibit 2 – Email chain between Ashley Jennings, Bill Thompson, and Anne Taylor
• Exhibit 3 – Email chain between Bill Thompson and Anne Taylor regarding new discovery disclosure DATED this 17 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 17 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
FILED UNDER SEAL – EXHIBITS 1, 2, & 3 IN SUPPORT OF OBJECTION TO STATE'S
MOTION IN LIMINE RE: ADMISSIBILITY OF DEMONSTRATIVE EXHIBITS Page 2

CR 29-22-2805

CASE NO.

Anne C. Taylor, Public Defender 2024 January 9 1:58 Kootenai County Public Defender CLERK OF DISTRICT COURT PO Box 9000 LATAH COUNTY Coeur d'Alene, Idaho 83816
Phone: (208) 446-1700; Fax: (208) 446-1701 BY DEPUTY
Bar Number: 5836 iCourt Email: pdfax@kcgov.us 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, Public Defender, Bar Number: 5836 Jay W. Logsdon, Chief Deputy Public Defender, Bar Number: 8759 Elisa G. Massoth, Attorney at Law, Bar Number: 5647
IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH

STATE OF IDAHO CASE NUMBER CR29-22-2805

Plaintiff, DEFENDANT'S 11th SUPPLEMENTAL
V. REQUEST FOR DISCOVERY

BRYAN C. KOHBERGER,

Defendant.

PLEASE TAKE NOTICE that the undersigned pursuant to Rule 16 of the Idaho Criminal Rules, the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the Constitution of the United States, and Article I, § 1, 2, 13 and 17 of the Constitution of the State of Idaho requests discovery and inspection of all materials discoverable by defendant per I.C.R. 16 (b) (1) - (8) and DEFENDANT'S 11th SUPPLEMENTAL REQUEST FOR DISCOVERY Page-1
SEALED

DEFENDANT'S

EXHIBIT NO. 1

IDENTIFICATION / EVIDENCE

CASE NO. CR01-24-31665

DATE: 3/17/25

the aforementioned Constitutional provisions including but not limited to the following information, evidence and materials outlined in Exhibit J.

DATED this 9 day of January, 2024.

ANNE C. TAYLOR, PUBLIC DEFENDER

ΚΟΟΤΕΝΑI COUNTY PUBLIC DEFENDER

an
BY:

ANNE C. TAYLOR

PUBLIC DEFENDER

ASSIGNED ATTORNEY

CERTIFICATE OF DELIVERY

I hereby certify that a true and correct copy of the foregoing was personally served as indicated below on the 9 day of January, 2024 addressed to:
Latah County Prosecuting Attorney -via Email: paservice@latahcountyid.gov
Elisa Massoth-via Email: legalassistant@kmrs.net Dunl DEFENDANT'S 11th SUPPLEMENTAL REQUEST FOR DISCOVERY Page-2

11TH SUPPLEMENTAL REQUEST FOR DISCOVERY: EXНІВІТ Ј

219. All audio to all video available from 1112 King. Including from 11/13/22 0:55 AM through 11/17/22. (Audio has only been provided from 11/13/2022 at 0225 to 1205. We are seeking all audio and video that exists from this camera. We are missing sound on
11/13/2022 0055-0225; 11/13/22 1205 pm through 11/17/22 at 17:22 pm. Based upon information we have reviewed in discovery we believe there is video footage prior to 0055hrs on 11/13/23. We are requesting all footage audio and video that exist from the King Road camera prior to 0055Hrs.)

220. Complete copy of SD card from 1112 King.

221. Surveillance camera footage from Latah County courtroom from 10/26 hearing.

222. Follow up on investigation related to Shanon Gray media sources.

223. Identity of all certified CASTViz users within the Moscow Police Department and certifications.

224. CASTViz logs showing the date and time when Officer Mowery examined the records as he documents in his 05/03/2023 supplemental report.

225. Any exhibits created by Mowery while using the CASTViz program during this examination with dates and times they were created.

226. All information, documents and data related to the AT & T Hemisphere Program, (also known as Data Analytical Services (DAS)) in the investigation of the homicides at 1122 King road in Moscow Idaho, and / or the investigation of Bryan Kohburger and / or his prosecution. This request includes, but is not limited to:
i. The identity of any and all Law enforcement, including the FBI Cast member (s) or other official who participated in the investigation relating to this program.

ii. The date and time of the query or record request, or any other access to AT & T or through AT & T programs.

iii. Digital copies of all data provided as a result of the request.

227. AT & T specific records of:
i. All inquiries made by any person, entity, governmental agencies, or internal software program pertaining to the AT & T phone number 509-592-8458.

ii. Date of the request.

iii. Law Enforcement official making the request.

iv. A complete copy of all data as a result of the request.

228. Complete copy of all materials relied upon by Corporal Payne in his affidavit for the Search Warrant to AT & T (2nd Warrant) issued on 12/23/2022 at 1653 hours by Judge Megan Marshall. This request includes, but is not limited to:
i. All notes, emails and reports from all law enforcement, including FBI Special Agents that specialize in cell site location.

229. All information, documents and data related to Mobile Advertiser Identification Number (MAID) Inquiries relating to the investigation of the homicides at 1122 King road in Moscow Idaho and / or the investigation of Bryan Kohburger and / or his prosecution. This requests includes, but is not limited to:
i. Disclosure of any research and / or inquiry that was done utilizing a database to determine location information, in any format, of any mobile device. This request includes specifically:
a. Reverse Geofence Searches of MAID data.

b. Direct location search related to MAID data.

c. Any search to discover mobile device MAC identifiers.

d. Any search that would produce any location data of any mobile device done outside of a previously disclosed search warrant.

230. Complete corrective actions log as indicated by Rylene Nowlin's email that would be available electronically.

231. Yearly Audit reports for ISP forensic laboratory for 2023, 2022 and 2021.

232. Idaho State Police Forensics lab accreditation-most recent full report.

233. Missing records from Kaylee Goncalves U of I file. (Documentation appears to be missing from what we have been provided. Letter from Alivea Goncalves missing pages.

See pg 14004.

234. Complete recordings from MaryAnn Kohberger's contacts with all Law Enforcement, including state and local police and the FBI, including direct interviews and any recordings and all transcripts made.

235. Complete recordings from Amanda Kohberger's contacts with all Law Enforcement, including state and local police and the FBI, including direct interviews and any recording and all transcripts made.

236. Unredacted and Redacted 15221-15248 (Numerically missing from sequence)

237. Unredacted pages 6050-6105 (We received redacted copy of these pages
3/20/23)
238. Unredacted pages 8153-8169 (We received redacted copy of these pages 4/4/23)
239. Unredacted photos 6144-6161; 6165-6255; 6441-6453. (We received redacted copy of these photos on 5/29/23)
240. AV00304 (Received 5/22/23) Ο All of the linked media sub folders in AV00304 are empty
241. Copies of all 3D scans and photographs completed by the FBI and ISP during their visit to 1122 King Road on October 31-November 1, 2023 to include all scans and photographs of the residence and surrounding area.

242. Updated / complete CAST Report. (CAST Report provided to defense was labeled draft dated 7/10/2023 and included no expert analysis)
243. All materials relied on or referenced in creating the CAST report. This request includes, but is not limited to FBI Special Agent Nicholas Balance's documentation, notes, reports and copies of materials used in is investigation and analysis.

244. Copies of investigative reports, lab reports, photographs, chain of custody records and / or any other documents that exist related to the analysis of soil recovered from a shovel found inside Mr. Kohberger's vehicle. (FBI Agent Travis Shirley's Report - Request for a Solid Provenance Examination-dated 6/13/2023).

245. Copies of investigative reports, lab reports, photographs, chain of custody records and / or any other documents that exist related to the collection and analysis of soil recovered from six different sites in the Moscow / Pullman area by MPD Detective Payne on 8/2/2023-MPD Supplemental Report # 227.

246. Affidavit in support of T-Mobile search warrant.

247. Copy of records referenced in Moscow police report 250 authored by Corporal Payne.

248. Copies of all mapping data collected by FBI SA Nick Ballance and SA Sean Kennedy during all drive testing conducted between November 16, 2022, and January 6,
2023. This request includes, but is not limited to:
i. Any and all mapping from Moscow, Idaho, areas south of Moscow, Idaho, Pullman, Washington, and areas south of Pullman, Washington.

249. All data, including mapping data, notes and reports for any drive testing conducted after January 6, 2023.

250. Copies of all training and certification records for FBI SA Nick Ballance and SA Sean Kennedy specifically related to the use of the Gladiator Autonomous Receiver
(GAR).

251. Copies of the calibration record for the Gladiator Autonomous Receiver (GAR) used during the drive testing that occurred between November 16, 2022, and January 6, 2023, and the identity and certifications for those responsible for calibrating the Gladiator Autonomous Receiver (GAR) used by FBI SA Nick Ballance and SA Sean Kennedy between November 16, 2022, and January 6, 2023.

252. All case communication and correspondence for Case M2022-4870.

i. The basis for this request is as follows: On Bates Stamped pages 014364 to 014408, there were only ISPFS LIMS Reports of case correspondence listed in the communications log for M22022-4843. Since this case was cross-linked to an additional case number, M2022-4870, we request all case communication and correspondence for lab case # M2022-4870.

253. Missing case communications and correspondence for M2022-4843.

i. The basis for this request is as follows: There were several blank areas in the communication log provided 1.) On Bates Stamped page 0143378, there is one Email log entry by Analyst Hailey Youngling that describes multiple emails sent in efforts to coordinate AFIS search submissions with DHS, DOJ and Cal DOJ. These emails have not been provided in the Discovery material received by the Defense.

2.) The email associated with Bates Stamped page 143366 is missing. The log report states that there was an email type entry dated 11/16/2022 from Analyst Tina Walthall to Forensic Lab Manager Rylene Nowlin. The entry has a notation to see an attached email however, the rest of the page was blank and it was followed by another log entry on page 14367 concerning an email exchange between Jade Miller and Bill Thompson that was followed by that email exchange. Email associated with the page 143366, communications log entry is missing.

3.) On Bates Stamped page 143364 an email type entry is dated
11/16/2022 from Analyst Jade Miller to Forensic Lab Manager Rylene Nowlin however, the rest of the page is blank.

4.) On Bates Stamped page 143367 there is a blank area under the log entry.

5.) On Bates Stamped page 143377 there is a blank area under the log entry.

6.) On Bates Stamped page 143398 there is a blank area under the log entry.

7.) On Bates Stamped page 143404, there is a blank area under the log entry.

254. Full file System / FFS Extraction for Bethany Funke's cell phone. (Advanced logical extraction only is what was previously provided to defense.)

255. Native Phone Extraction for Dylan Mortensen's cell phone. (The defense has only previously been provided an Axiom report generated by Law Enforcement. We are seeking the data used to produce this report.)

256. Full file System / FFS Extraction for Eric Gower's cell phone. (Advanced logical extraction only is what was previously provided to defense.)

257. Full file System / FFS extraction for Kaylee Goncalves's phone after it has been unlocked. (The defense has been provided an extraction with user data encrypted due to the phone being locked. There is additional information stored in an unenncrypted area on the phone that has not been provided. Please let us know what the current status of the phone is and if steps are still being taken to unlock the device.)

258. All reports, information and data, including all experts, the State has relied upon in developing the affidavits in support of all warrants.

CR-29-22-2805

CASE NO.

1 / 22 / 24 @ 1: 30pm
DATE / TIME

LATAH COUNTY PROSECUTOR'S OFFICE LATAN COUNTY, CLERK OF DISTRICT COURT
WILLIAM W. THOMPSON, JR., ISB No. 2613 The
PROSECUTING ATTORNEY BY

Deputy - ASHLEY S. JENNINGS, ISB No. 8491
SENIOR DEPUTY PROSECUTING ATTORNEY

Latah County Courthouse P.O. Box 8068 Moscow, Idaho 83843-0568 (208) 883-2246 paservice@latahcountyid.gov
IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH

STATE OF IDAHO,

Plaintiff, Case No. CR29-22-2805
V.

STATE'S RESPONSE TO

BRYAN CHRISTOPHER KOHBERGER, DEFENDANT'S 11th Defendant. SUPPLEMENTAL REQUEST
FOR DISCOVERY

TO: THE DEFENDANT BRYAN CHRISTOPHER KOHBERGER, and Counsel Anne Taylor:
COMES NOW the State of Idaho, by and through the Latah County Prosecuting Attorney, and submits the attached Exhibit 1 in response to " Defendant's 11th Supplemental Request for Discovery " filed on January 9, 2024.

The State incorporates the following responses as fully set forth at this point:
STATE'S RESPONSE TO

DEFENDANT'S 11th SUPPLEMENTAL SEALED
REQUEST FOR DISCOVERY 1

DEFENDANT'S

EXHIBIT NO. 1-A

IDENTIFICATION / EVIDENCE

CASE NO. CR01-24-31665

DATE: 3/17/25

γίυψού
BA

ГУЛУН СОЛИЦА СТЕНК OF DIRLIСЕ СОЛЬ

IMITYSTAR

• " State's Response to Request for Discovery " filed on January 23, 2023;
• " State's Response to Defendant's First Supplement Request for Discovery " filed on February 21, 2023;
• " State's Response to Defendant's Second Supplemental Request for Discovery " filed on March 29, 2023;
• " State's Response to Defendant's Third Supplemental Request for Discovery " filed on May 12, 2023;
• " State's Response to Defendant's Motion to Compel Discovery " filed on May 12, 2023;
• " State's Supplemental Response to Defendant's 1st, 2nd and 3rd Supplemental Requests for Discovery " filed on June 8, 2023;
• " State's Response to Defendant's 4th Supplemental Request for Discovery " filed on June 16, 2023;
• " State's Supplemental Response to Defendant's 4th Supplemental Request for Discovery " filed on June 29, 2023;
• " State's Response to Defendant's Second Motion to Compel Discovery " filed on June 29, 2023.

• " State's Response to Defendant's Third Motion to Compel Discovery " filed on July 5, 2023.

• " State's Supplemental Response to Defendant's 2nd Supplemental Request for Discovery and Defendant's Motion to Compel Discovery " filed on July 12, 2023;
and
• " State's Supplemental Response to Defendant's Second Motion to Compel Discovery " filed on July 12, 2023.

" State's Response to Defendant's 5th and 6th Supplemental Requests for Discovery " filed on July 25, 2023.

• " State's Supplemental Response to Defendant's Third Motion to Compel Discovery " filed on August 30, 2023.

STATE'S RESPONSE TO

DEFENDANT'S 11th SUPPLEMENTAL
REQUEST FOR DISCOVERY 2

" State's Response to Defendant's 7th Supplemental Request for Discovery " filed on September 6, 2023.

" State's Response to Defendant's 8th and 9th Supplemental Requests for Discovery " filed on October 24, 2023.

• " State's Response to Defendant's 10th Supplemental Requests for Discovery " filed on November 20, 2023.

The State has and will continue to provide discovery in accordance with Idaho Criminal Rule 16 and applicable law, and reserves any and all objections thereunder.

DATED this 22nd day of January, 2024.

asheeps. ganins Ashley Jennings Senior Deputy Prosecuting Attorney
STATE'S RESPONSE TO

DEFENDANT'S 11th SUPPLEMENTAL
REQUEST FOR DISCOVERY 3

CERTIFICATE OF DELIVERY

I hereby certify that true and correct copies of the STATE'S RESPONSE TO DEFENDANT'S 11th SUPPLEMENTAL REQUEST FOR DISCOVERY were served on the following in the manner indicated below:
Anne Taylor Mailed Attorney at Law E-filed & Served / E-mailed PO Box 9000 Faxed Coeur D Alene, ID 83816-9000 Hand Delivered Dated this 22nd day of January, 2024.

S

STATE'S RESPONSE TO

DEFENDANT'S 11th SUPPLEMENTAL
REQUEST FOR DISCOVERY 4

EXHIBIT 1

State's Response to " DEFENDANT'S 11TH SUPPLEMENTAL REQUEST
FOR DISCOVERY: EXHIBIT J "

The State's responses are provided in blue. The State will continue to supplement its discovery responses as additional information is received.

219. All audio to all video available from 1112 King. Including from 11/13/22 0:55 AM through 11/17/22. (Audio has only been provided from 11/13/2022 at 0225 to 1205. We are seeking all audio and video that exists from this camera. We are missing sound on 11/13/2022 0055-0225; 11/13/22 1205 pm through 11/17/22 at 17:22 pm. Based upon information we have reviewed in discovery we believe there is video footage prior to 0055hrs on 11/13/23. We are requesting all footage audio and video that exist from the King Road camera prior to 0055Hrs.) Detective Mowery is currently in the process of manually extracting all audio and video available from 1112 King Road. The State has been advised this is a lengthy process. The State will provide this information to the Defense when it is available.

By way of explanation, there are two data sets for the videos: (1) original data extraction from the SDCard Image and (2) videos downloaded from the camera after seizure of the device. The forensic software used to extract the video from the SD Card resulted in no audio (i.e. this is where the -0200 hours is located). We are currently working to find software that can parse this data with the audio.

Regarding the audio for 0055 hours on 11/13/23 this is related to a file name in the screenshot 111722 (2).wmv. This video was extracted from the original SDCard Image using DVR Examiner forensic